Sunil Gupta v. Nargis Khanna

CitationRFA 139/2011 (Delhi HC)
Bench1-judge
Date of Decision6 September 2011
CategoryHUF Partition
Statutes Cited["Transfer of Property Act 1882 - Section 44","Partition Act 1893 - Section 4","Hindu Succession Act 1956 - Section 23","CPC - Order 12 Rule 6, Section 144"]

Ratio Decidendi

Dwelling-house protection only applies when exclusively occupied by family. Once a stranger occupies any part, it ceases to be a protected family dwelling-house under Section 44 TPA. Stranger-purchaser cannot claim joint possession before partition.

Headnotes

["Dwelling-house protection only when exclusively occupied by family","Stranger occupation destroys dwelling-house character","Stranger-purchaser cannot claim joint possession before partition","Pre-partition possession by stranger is illegal","Interplay of Section 44 TPA Section 4 Partition Act Section 23 HSA"]

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Our Analysis

Your Family Home Can Be Seized If a Stranger Lives There by Shalini Kapoor · 8 April 2026