AIR 2007 ORISSA 65 ::2007 (3) All LJ NOC 514 ::2007 (4) ABR (NOC) 583 (ORI) ::2007 (3) AKAR (NOC) 362 (ORI) ::2007 AIHC NOC 344 ::(2007) 54 AllIndCas 582 (ORI) ::(2007) 4 CivLJ 832 ::(2007) 2 CurCC 91 ::(2007) 1 Orissa LR 312

Orissa High Court

Hon'ble Judge(s): A. S. Naidu , J

(A) Partition Act (4 of 1893) , S.3(2), S.4— Transfer of Property Act (4 of 1882) , S.44— Co-sharer's right to claim pre-emption - Accrues, only if stranger/purchser comes to Court and files a suit for partition and for handing over possession. There is no law which stipulates that a co-sharer must sell his or her share to only another co-sharer. Thus strangers and outsiders can purchase share of a co-sharer @page-Ori66 even in a dwelling house. Section 44 of the Transfer of Property Act stipulates that the transferee of a share in a joint family dwelling house if he is not a member of the said family gets no right to joint possession or common enjoyment of the portion of the house so purchased. Thus, Section 44 of the Transfer of Property Act adequately protects the members of the joint family against intrusion of an outsider into joint family dwelling house. The only manner in which an outsider can get possession of the property purchased by him/her is by filing of a suit for separation of his/her share and pray for delivery of possession. Only after such a step is taken that the provisions of S. 4 of the Partition Act will come into play. Excepting Section 4 of the Partition Act there is no other law which provides right to a co-sharer to re-purchase the property sold to a stranger/outsider. Thus, before the right of pre-empt....