Partition Act, 1893
Section 4: Partition suit by transferee of share in dwelling-house
(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a 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 the share of such transferee, make a valuation of such share in such manner as it thinks fit 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 such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 4
- Resident’S Welfare Association and Another v. The Union Territory of Chandigarh and Others
- Tilak Raj Bakshi v. Avinash Chand Sharma (Dead) Through Lrs. & Others
- Vimaleshwar Nagappa Shet v. Noor Ahmed Sheriff & Ors.
- Kammana Sambamurthy (D) by Lrs. v. Kalipatnapu Atchutamma (D) and Ors.
- Satluj Jal Vidyut Nigam Ltd. and Anr. v. Dila Ram and Ors.
- Srilekha Ghosh (Roy) and Anr. v. Partha Sarathi Ghosh
- Gautam Paul v. Debi Rani Paul and Ors
- Babulal v. Habibnoor Khan (Dead) by Lrs. and Ors.
- Ghantesher Ghosh v. Madan Mohan Ghosh and Ors.
- M/S. Gujarat Machinery Manufacturers Ltd. v. Collector, Central Excise, Baroda.
- Narashimaha Murthy v. Smt. Susheelabai & Ors.