Partition Act, 1893 — Section 3 — Sale of property within shareholders

May 10th, 2013

Partition Act, 1893 — Section 3 — Sale of property within shareholders — Scope — A balance must be struck in regard to individual interest of the shareholder having regard to conflicting interest in respective bids vis-a-vis value of the property.

HELD: Section 3 of the Act envisages sale of the property within the shareholders. It unlike the provisions of the Code of Civil Procedure, does not debar a shareholder from taking part in auction inter alia on the premise that the shareholder may be interested in keeping the property to himself. A balance must be struck in regard to the individual interest of the shareholder having regard to the conflicting interest in the respective bids vis-a-vis the value of the property.

Rani Aloka Dudhoria v. Goutam Dudhoria[Bench Strength 2], CA No. 6692/2005 with CA Nos. 6693-6694, 6697, 6695 AND 6696/2005(05/03/2009), 2010 AIR(SC) 53: 2009(4) SCR 204: 2009(13) SCC 569: 2009(3) JT 626: 2009(3) SCALE 865: 2009(4) Supreme 632: 2009(3) SLT 52 [S.B. Sinha, J.: Cyriac Joseph, J.]

Entry Filed under: Judgements,Property Laws