Section 4 in The Partition Act, 1893
Partition suit by transferee of share in dwelling-house.—
(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf.
The dwelling house in respect of which the pre-emption could be claimed being no more in existence no right could be claimed. So, Section 4 of the Partition Act would not apply in the instant case.