THE PARTITION ACT, 1893

(Act 4 of 1893) CONTENTS

1. $. 3. 4. -. .. /. 8. 9. 11. Title, extent an !a"in#. Po%e& to Co'&t to o& e& !ale in!tea of i"i!ion in (a&tition !'it!. P&oce '&e %)en !)a&e& 'n e&ta*e! to +',. Pa&tition !'it +, t&an!fe&ee of !)a&e in %ellin# )o'!e. Re(&e!entation of (a&tie! 'n e& i!a+ilit,. Re!e&"e +i in# an +i in# +, !)a&e)ol e&!.

P&oce '&e to +e follo%e in ca!e of !ale!. O& e& fo& !ale to +e ee0e ec&ee!.

Sa"in# of (o%e& to o& e& (a&tl, (a&tition an (a&tl, !ale. A((lication of Act to (en in# !'it!.

THE PARTITION ACT, 1893 (Act 4 of 1893)

29t) 3a&c) 18934
An Act to amend the Law relating to Partition, Whereas it is expedient to amend the law relating to partition; It is hereby enacted as follows: 1. Title, extent an !a"in#. 5 ( ! ('! "his Act may be called "he Partition Act, #$%& It extends to the whole of India 1(except the )tate of *amm+ and ,ashmir-

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/+t nothing herein contained shall be deemed to affect any local law pro0iding for the partition of immo0able property paying re0en+e to 1o0ernment& S'+!. +, Act No. 3 of 19-1 fo& 6exce(t Pa&t 7 State!6.

1. $.

Po%e& to Co'&t to o& e& !ale in!tea of i"i!ion in (a&tition !'it!. 8 Whene0er in any s+it for partition in which, if instit+ted prior to the commencement of this Act, a decree for partition might ha0e been made, it appears to the 2o+rt that, by reason of the nat+re of the property to which the s+it relates, or of the n+mber of the shareholders therein or of any other special circ+mstance, a di0ision of the property cannot reasonably or con0eniently be made, and that a sale of the property and distrib+tion of the proceeds wo+ld be more beneficial for all the shareholders, the 2o+rt may, if it thin3s fit, on the re4+est of any of s+ch shareholders interested indi0id+ally or collecti0ely to the extent of one moiety or +pwards, direct a sale of the property and a distrib+tion of the proceeds&

3.

P&oce '&e %)en !)a&e& 'n e&ta*e! to +',. 8 ( ! If, in any case in which the 2o+rt is re4+ested +nder the last foregoing section to direct a sale, any other shareholder applies for lea0e to b+y at a 0al+ation the share or shares of the party or parties as3ing for a sale, the 2o+rt shall order a 0al+ation of the share or shares in s+ch manner as it may thin3 fit and offer to sell the same to s+ch shareholder at the price so ascertained, and may gi0e all necessary and proper directions in that behalf& If two or more shareholders se0erally apply for lea0e to b+y as pro0ided in s+b-section ( !, the 2o+rt shall order a sale of the share or shares to the shareholder who offer to pay the highest price abo0e the 0al+ation made by the 2o+rt& If no s+ch shareholder is willing to b+y s+ch share or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications&

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4.

Pa&tition !'it +, t&an!fe&ee of !)a&e in %ellin# )o'!e. 8 ( ! Where a share of a dwelling-ho+se belonging to an +ndi0ided family has been transferred to a person who is not a member of s+ch family and s+ch transferee s+es for partition, the 2o+rt shall, if any member of the family being a share-holder shall +nderta3e to b+y the share of s+ch transferee, ma3e a 0al+ation of s+ch share in s+ch manner as it thin3s fit and direct the sale of s+ch share to s+ch shareholder, and may gi0e all necessary and proper directions in that behalf&

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If in any case described in s+bsection ( ! two or more members of the family being s+ch shareholders se0erally +nderta3e to b+y s+ch share, the 2o+rt shall follow the proced+re prescribed by s+b-sec& ('! of the last foregoing section&

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Re(&e!entation of (a&tie! 'n e& i!a+ilit,. 8 In any s+it for partition a re4+est for sale may be made or an +nderta3ing, or application for lea0e, to b+y may be gi0en or made on behalf of any party +nder disability by any person a+thorised to act on behalf of s+ch party in s+ch s+it, b+t the 2o+rt shall not be bo+nd to comply with any s+ch re4+est, +nderta3ing or application +nless it is of opinion that the sale or p+rchase will be for the benefit of the party +nder s+ch disability&

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Re!e&"e +i ( !

in# an +i

in# +, !)a&e)ol e&!. 8

50ery sale +nder )ection ' shall be s+b6ect to a reser0ed bidding, and the amo+nt of s+ch bidding shall be fixed by the 2o+rt in s+ch manner as it may thin3 fit and may be 0aried from time to time& 7n any s+ch sale any of the shareholders shall be at liberty to bid at the sale on s+ch terms as to non-payment of deposit or as to setting off or acco+nting for the p+rchase-money or any part thereof instead of paying the same as to the 2o+rt may seem reasonable& If two or more persons, of whom one is a shareholder in the property, respecti0ely ad0ance the same s+m at any bidding at s+ch sale, s+ch bidding shall be deemed to be the bidding of the shareholder&

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P&oce '&e to +e follo%e in ca!e of !ale!. 8 )a0e as hereinbefore pro0ided&, when any property is directed to be sold +nder this Act, the following proced+re shall, as far as practicable, be adopted, namely:(a! If the property be sold +nder a decree or order of the 8igh 2o+rt of 2alc+tta& 9adras or /ombay in the exercise of its original 6+risdiction on, the proced+re of s+ch 2o+rt in its original ci0il 6+risdiction I-or the sale of property by the :egistrar; If the Property be sold +nder a decree or order of any other 2o+rt, s+ch proced+re as the 8igh 2o+rt may from time to time by r+les prescribe in this behalf, and +ntil s+ch r+les are made, the proced+re prescribed in the 2ode of 2i0il Proced+re in respect of sales in exec+tion of decrees& ec&ee!. 8

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8.

O& e& fo& !ale to +e ee0e

Any order for sale made by the 2o+rt +nder )ec& ', %, or . shall be deemed to be a decree within the meaning of )ection ' of the 2ode of 2i0il Proced+re& 9. Sa"in# of (o%e& to o& e& (a&tl, (a&tition an (a&tl, !ale. 8 In any s+it for partition the 2o+rt may, if it shall thin3 fit, ma3e a decree for a partition or part of the property to which the s+it relates and a sale of the remainder +nder this Act& 11. A((lication of Act to (en in# !'it!. 8 "his Act shall apply to s+its instit+ted before the commencement thereof, in which no scheme for the partition of the property has been finally appro0ed by the 2o+rt&