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.
How courts have applied section 4
- Section 4 applies only where the stranger-transferee himself sues for partition; a co-sharer cannot invoke it in his own suit.1,2
- The existence of a dwelling-house of an undivided family is a question of fact; concurrent findings on it are not disturbed in second appeal.1
- When a family shareholder applies to buy the transferee's share, the court must make the valuation and direct sale; it cannot leave the applicant to accept the transferee's quoted price.3
- A direction to execute a sale deed to a co-sharer under Section 4 survives the expiry of the initial period if the purchaser shows subsequent willingness to pay.4
- Undivided family means undivided qua the house even if members are divided in status as tenants in common.5
- Section 4 rights arise only after transfer and suit; they do not accrue at the agreement stage where a co-owner is not bound.6,7
Read the full overviewShow less· 2 paragraphs
Section 4 of the Partition Act, 1893 applies when a stranger-transferee acquires a share of a dwelling-house of an undivided family and then sues for partition; the court must then, on the undertaking of a family-member shareholder to buy the share, value it and direct sale to that shareholder. A recurring threshold question is whether the section is triggered at all: it has no application unless the suit for partition is brought by the stranger-transferee himself, and a co-sharer cannot invoke it in his own suit. The section is also engaged only after a decree for partition has been passed and a final decree proceeding is under way, when a family shareholder may apply to buy the stranger's share. Where a suit was filed by one of the co-owners and not by the transferee, pre-emption under Section 4 fails.5,1,3,2
The existence of a dwelling-house belonging to an undivided family is a question of fact, and concurrent findings on that fact are not interfered with in second appeal. 'Undivided family' in this context means undivided qua the house, even if members are divided in status as tenants in common. Courts have read Section 4 together with Section 44 of the Transfer of Property Act, noting the bar on a stranger-transferee's right to joint possession of a dwelling-house of an undivided family. Rights under Section 4 arise only after a transfer and a suit by the transferee; they do not accrue at the stage of an agreement for sale, and the section is not attracted where a vendor's agreement does not bind a co-owner.1,5,8,6,7
By court
Outcomes
Judgements applying section 4
Suit under Section 44 of the Transfer of Property Act restraining a stranger purchaser of an undivided half share in a family dwelling house from joint possession.
Supreme Court holds that the High Court erred in treating the decree as a simple preliminary decree; the decree is both preliminary and final, determining rights to possession, mesne profits, and mode of partition; execution proceedings restored; trial court to complete auction within 2 months.
AllowedOpenVimaleshwar Nagappa Shet v. Noor Ahmed Sheriff & Ors.; SC Civil Appeal Nos. 4279-80 of 2011; decided 11-05-2011; specific performance of agreement of sale dated 02.05.1988 (Rs.3,10,000/-); suit O.S. No. 91 of 1991, Civil Judge Chikmangalur decree 01.10.1999; Karnataka HC R.F.A. No. 52 of 2000 and Misc. Civil No.
DismissedOpenSpecific Relief Act, 1963, s.12 – applicability. Vendor executed an agreement of sale (19-2-1984) of an entire house representing himself absolute owner; his wife, holding half share devolved on her son's intestate death which under s.14 Hindu Succession Act became her Streedhana property, sought cancellation.
DismissedOpenThe petitioner challenged an order appointing a Court Commissioner to inspect a residential house in final decree proceedings, arguing the property was indivisible. The High Court held that the feasibility of partition cannot be decided solely on the property's description and requires spot assessment.
DisposedOpenThe Appellate Court dismissed an appeal challenging a High Court Single Judge's order refusing a writ for police action. The court held that rights regarding a property dispute must be determined in a civil forum before granting writ relief, noting no infirmity in the lower order.
DismissedOpen
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Madras High Court (Madurai Bench), Division Bench (G.R. Swaminathan & R. Kalaimathi, JJ.), AS(MD) No.32 of 2024, pronounced 13.07.2026 — Partition — Unregistered panchayat award (muchalikka) — Estoppel by attestation — Pre-emption — Limitation.
AllowedOpenKarnataka High Court, Bengaluru; H.T. Narendra Prasad, J. (single judge); decided 10.03.2026; Writ Petition No. 28644 of 2025 (GM-CPC) under Article 227, Constitution of India; final decree proceedings F.D.P. No.36/1996 before XX Additional City Civil and Sessions Judge, Bengaluru; suit O.S.
AllowedOpenKarnataka High Court RFA 882/2023 (decided 25.04.2026) — partition suit final decree proceedings (FDP 181/2014); court commissioner appointed for Feasibility Report submitted only valuation report;
DisposedOpenReview of judgment and order dated 07.05.2024 rejecting plaint; Order 7 Rule 11 CPC rejection of plaint; Section 22 Hindu Succession Act 1956 preferential right of class-I heirs to acquire share in dwelling house; Section 44 Transfer of Property Act; Section 4 Partition Act;
AllowedOpenPre-emption under Section 22, Hindu Succession Act, 1956 — co-sharer sold his share of family property to a third party without notifying the other co-sharers; contention that the co-sharers' preferential right extinguishes on the completed sale, must be enforced before the sale, or accrues only when the purchaser…
DismissedOpenSection 4 Partition Act 1893; pre-emption of stranger-purchaser's share; dwelling house belonging to undivided family; transferee sues for partition; suit filed by co-owner not transferee; Section 44 Transfer of Property Act / T.P. Act; question of fact; concurrent findings; no interference in second appeal;
DismissedOpen
S.A. No.377 of 1997, High Court of Orissa at Cuttack, decided 23.12.2025 by A.C. Behera, J.; second appeal under Section 100 CPC dismissed on contest without cost. Substantial questions: applicability of Section 7 OLR Act 1960 to urban homestead; invocation of Section 44 T.P. Act 1882 (second part) by a co-sharer;
DisposedOpenPartition Act, 1893 — S.4 — share of stranger-transferee in dwelling-house of an undivided family bought during final decree proceedings — on an application by a family-member shareholder to buy the transferee's share, it is the Court's onus to make the valuation and direct sale to that shareholder;
AllowedOpenPartition Act, 1893 — Sections 2 and 3 — Final decree proceedings (FDP.No.181/2011, flowing from O.S.No.6294/2003) — Residential house in Koramangala held incapable of division by metes and bounds per coordinate bench order dated 11.01.2021 in RFA 1988/2013 c/w 70/2014 restoring the FDP — Trial Court accepted second…
DismissedOpenIn an Article 227 petition, the Allahabad High Court held that the trial court did not lose jurisdiction due to a brief delay in issuing the order, as the respondent-পurchaser had shown willingness to pay.
Partition Act Section 4; stranger purchaser; dwelling house; undivided family; maintainability objection; application kept in abeyance till trial; Article 227 Constitution of India; City Civil Court at Calcutta; Title Suit No. 3395 of 2008; CO 3396 of 2025; Babulal v. Habibnoor Khan (2000) 5 SCC 662;
DisposedOpenOrissa High Court second appeal S.A. No.246 of 1993 (decided 17.09.2025, A.C. Behera, J.): maintainability of Section 4 Partition Act, 1893 pre-emption/re-purchase claimed by a co-sharer against stranger purchasers of a dwelling-house share;
DisposedOpen
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partition suit; preliminary decree 23.12.2016; exparte decree; condonation of delay 2572 days dismissed 07.06.2024; public auction of plaint schedule item 2; Partition Act 1893 Sections 2, 4 and 7; Order 21 Rules 84, 85 and 86 CPC timelines mandatory nullity; 'as far as practicable' discretion;
DismissedOpenThe court dismissed petitions challenging orders directing allotment of purchased land. It held the property was homestead land, not a dwelling house, rendering Section 4 of Partition Act inapplicable. The court also ruled the purchasers bought a defined share after a compromise, not during litigation.
DismissedOpenpartition final decree proceedings; pendente lite purchaser versus purchaser of defined share; compromise decree estoppel; co-sharer vendee possession rulings distinguished; Section 4 Partition Act dwelling-house pre-emption inapplicable to homestead land; per incuriam plea rejected;
DismissedOpenThird-party purchaser sought to invoke Sections 3 and 4 of Partition Act within final decree proceedings of a partition suit to which he was not a party. The High Court held those provisions benefit only shareholders or family members who are parties to the suit, upheld return of the application and dismissed the…
DismissedOpen