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Report No. 86

3.5. Provisions briefly summarised.-

Sections 1(1) and 1(2) deal with preliminary matters. Section 1(4) provides that the Act does not affect any local law providing for the partition of immovable property paying revenue to Government. Under section 2, in any suit for partition, in which a decree for partition might have been made if the Act had not been passed, if it appears to the Court that-(a) by reason of the nature of the property to which the suit relates or of the number of share-holders therein or of any other special circumstances, a division of the property cannot reasonably or conveniently be made, and (b) sale of the property and distribution of the proceeds would be more beneficial for all the share-holders, the Court may, on the request of the share-holders interested in a moiety or upwards, direct a sale of the property and distribution of the proceeds.

Where a request for such a sale is made by the share-holders interested in a moiety, section 3 provides that any other shareholder may apply for leave to buy the share or shares of the party or parties asking for such sale, and thereupon the Court shall order a valuation of the share or shares and offer to sell the same to the applicant. The section also contains a provision as to what happens where there is a competition between the share-holders seeking to purchase. Detailed provisions as to bidding, and as to the mode of conducting sales under section 2, are contained in sections 6 and 7.

Section 4 deals with the right of a member of a family to purchase the share of a stranger "suing" for partition, where the share is in respect of a dwelling house belonging to an "undivided family". Section 5, which is common to both the groups of sections, deals with the representation of parties under disability. Sections 6 and 7 have already been referred to. Under section 8, orders for sale made by the Court under the Act are deemed to be "decrees" within the meaning of section 2 of the Code of Civil Procedure. Section 9 saves the power of the Court to make a decree for partition of a part of the property in suit and sale of the remainder under the Act. Section 10 relates to the application of the Act to pending suits.

The Partition Act, 1893 Back

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