HT Estates - - HTESTATES -

Co-own­ers of an un­di­vided fam­ily can buy an out­sider’s share only when the out­sider seeks par­ti­tion and sep­a­rate pos­ses­sion of the share sold to him or her

An out­sider will have the right to en­force a par­ti­tion of his share if he files a suit for the same in court

He can also get sep­a­rate pos­ses­sion of his share in a joint fam­ily house This can cause in­con­ve­nience to other co-own­ers of the un­di­vided fam­ily as an out­sider will get their fam­ily prop­erty

It is for this rea­son that the court has granted pro­tec­tion to other mem­bers of the un­di­vided fam­ily

This pro­tec­tion is given under Section 4 of The Par­ti­tion Act, 1893, to the co-own­ers of the un­di­vided fam­ily.

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