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State of Jammu-Kashmir - Section

Section 4 in The Partition Act, 1977

4. Partition suit by transferee of share in dwelling house.

- (i) Where a share of a dwelling house belonging to an undivided family has been transferred to person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy share of such transferee, make a valuation of such share in such manner as it thinks lit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf.
(2)If in any case described in sub-section (1) two or more members of the family being shareholders severally undertake to buy such share, the Court shall follow the procedure prescribed by sub-section (2) of the last forgoing section.