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Report No. 86

3.3. Scope of the Act of 1893.-

The Act does not purport to deal with the whole law of partition. This is made clear by the long title, which describes it as an Act to amend the law of partition. The substantive law relevant to partition, i.e. division of undivided property into separate shares, is not dealt with in the Act. That falls within the purview of the law of property, or in certain respects, with those rules of personal law which deal with the proprietary relations of co-parceners or other co-owners, inter se. The Act mainly deals with the field of the remedy by way of a suit for partition, i.e. when partition is sought through the machinery of the courts. This belongs to the field of adjective law.1 Even in this field, the Act covers only a small area, namely, (a) cases where a division of the property is not convenient, and the whole property has to be sold,4 or (b) cases where the sale of the share of one of the parties entitled to partition3 (or of his transferee)4 is considered desirable.

1. Chapter 1, supra.

2. Section 2.

3. Section 3(1).

4. Section 4(1).

The Partition Act, 1893 Back

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