Amended Act,2005 concerned,
Section 23 of the HS Act,1956 no doubt disentitles a female heir to
ask for actual partition in respect ... Act is deleted by the HS Amended Act,2005 and as such after the HS
Amended Act,2005 came into force pending the appeal, there
partition Suit would result in a "decree for partition". The legislature only provided for such right when the "transferee sues for partition ... claim to partition by the stranger/outsider. This could be by way of initiating a proceeding for partition or even claiming partition in execution. However
decree-holder seeks execution of partition decree, can still be subjected to Section 4 of the Partition Act proceedings, then the said view would directly ... plaintiff besides praying for partition of the suit property asked for a decree under Section 4 of the Partition Act for repurchase of the sold
stage the plaintiffs filed an application under Section 2 of the Partition Act on 1.4.2006 for sale of schedule property in a public auction ... division in partition suits. - Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition
suit for partition instituted by a stranger-purchaser a right is given by Section 4 of the Partition Act to member co-sharer which ... will have to be left out of partition and in that event Section 4 of the Partition Act will become ineffective. Further, if the sale
Transfer of Property Act and Section 4 of the Partition Act are concerned, the same was dismissed on the ground that the suit had been ... sharer for partition and not by the outsider purchasers. This was with reference to Section 4 of the Partition Act which would operate only when
under the provisions of the Indian Registration Act, 1908 (Central Act 16 of 1908).
7. Suit for partition barred: Nothing in this Act shall ... Kerala Hindu Joint Family System (Abolition) Act and the Amendment Act 15 of 1978 of the Partition Act . The petitioners would submit that by virtue
language of Section 4 of the Act, the Act applies to a suit for partition filed by a transferee, by judicial decisions this section ... course of another suit the defendant applied to have a partition under the Partition Act , he is correctly regarded as having "sued
Suit No. 324 of
1987 under Section 4 of the Partition Act, 1893 was allowed.
Woodland was directed to transfer and convey its right, title ... claim
separate possession by suing for partition.
8
This is provided in Section 4 of the Partition Act, 1893. If the
transferee sues for partition
Partition Act and Section 44 of Transfer of Property Act, while recognising the transfer of a share of a co-owner Act as a valid ... partition and allotment of item No. 1 to her share will not take away her right to invoke Section 4 of the Partition Act
