Supreme Court of India
Srilekha Ghosh (roy) and Anr. v. Partha Sarathi Ghosh
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From the headnote
Partition Act, 1893-Section 4-Partition of dwelling house-Belonging to undivided family-Partition suit filed by married daughters-Application for pre-emption by co-sharer-Maintainability of-Held, not maintainable- The provision has no application in the instant case as the daughters cannot be said to be strangers nor have they expressed intention not to reside in the said property. The suit property i.e. a dwelling house was inherited by one male heir (respondent-defendant) and three female heirs viz. the widow and two daughters (appellants-plaintiffs nos.I and 2). The appellants-plaintiffs
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