Partition Act, 1893, Section 4 -- Right of co-sharer under Section 4 of the Act - Available only if transferee files a suit for partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharers - Sale by specific khasra numbers - A co-sharer can transfer the property of his share in his possession even by way of specific khasra numbers but that is still subject to partition - Vendee becomes only a co-sharer to that extent - If some valuable part of the land has been sold by a co-sharer, it is subject..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Property in exclusive possession of a co-sharer - A co-sharer can use his share himself as also can give it on rent - However, he can only be restrained from alienating the land without partition...........
Partition Act, 1893, Section 4 -- Right of co-sharer to purchase the share sold to an outsider - Held, in order to claim right of pre-emption dwelling house must be belonging to an undivided family and the transferee must not be a member of the undivided family...........
Partition Act, 1893, Section 4 -- Right of co-sharer to purchase the share sold to an outsider - The provision does not give right to a co-sharer to purchase the share sold to an outsider any time he/she wants - The condition is that the outsider must sue for partition - So long as the stranger/purchaser does not seek actual division and possession, either in the suit or..........
Co-sharers -- Whether a co-sharer can raise construction on that portion of the property, which is in his exclusive possession but within the limits of his own share without getting the joint property partitioned - A co-owner in exclusive possession of the property can raise construction and enjoy the property and if he raises any construction thereon and the raising of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Plaintiff purchased half share in the joint land - No specific portion of the land was transferred by the vendor - The mere fact that house tax and electricity and water bills were received in the name of the vendor does not show that he was in exclusive possession - No evidence to show partition of the joint..........
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4 -- Scope - Object of S.44 of T.P.Act and S.4 of the Partition Act is to keep off the stranger who may purchase the undivided share of some co-owner in the dwelling house and to make it possible for the co-sharer who has not sold his share to buy up the share from the stranger purchaser...........
Punjab Land Revenue Act, Section 116 -- Comparative value of land under partition - Every co-sharer proportionate to his share should get good land out of good and bad land out of bad...........
Punjab Land Revenue Act, Section 116 -- Mode of partition - Should be block - wise keeping in view quality of land - Benefit of incremental value of land near Abadi - Should be given to all co-sharers - Improvement benefit to a co-sharer - Cannot be given without the consent of other co-sharers...........
