https://www.taxtmi.com/caselaws?id=199592 A sale directed under the Partition Act and the Code must comply with the statutory requirement of public auction; an offer-based or tender-like process through newspaper advertisement is not its legal equivalent and is void for non-compliance. A co-owner cannot claim a Section 3 pre-emption right after a compromise decree has already directed sale of the undivided house, unless that right was reserved in the decree. Restitution or interest cannot be fastened on co-owners who never received the sale proceeds. The impugned confirmation of sale was therefore set aside and the matter was directed to proceed afresh. en-us Mon, 10 Mar 1986 00:00:00 +0530 Wed, 07 Mar 2018 13:25:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199592 A sale directed under the Partition Act and the Code must comply with the statutory requirement of public auction; an offer-based or tender-like process through newspaper advertisement is not its legal equivalent and is void for non-compliance. A co-owner cannot claim a Section 3 pre-emption right after a compromise decree has already directed sale of the undivided house, unless that right was reserved in the decree. Restitution or interest cannot be fastened on co-owners who never received the sale proceeds. The impugned confirmation of sale was therefore set aside and the matter was directed to proceed afresh. Case-Laws Indian Laws Mon, 10 Mar 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199592