The Estates Partition Act, 1897
The Estates Partition Act, 1897
Civil1897113 sections11 chapters
This Act provides for partitioning revenue-paying estates held by joint owners. It sets out who can claim partition, how land is divided according to each owner's interest, and how land revenue is assessed on each new estate. Tenants for life cannot claim partition.
Chapter 1 Chapter 1 →
Chapter 2 Chapter 2 →
- 4Who entitled to claim partition
- 5Partition according to interest
- 6Separation of land held in common between the proprietors of two or more estates when the estates are not under partition
- 7Partition of lands under Act where a partition has been made by private arrangement
- 8Tenants for life not entitled to claim partition
Chapter 3 Chapter 3 →
- 9Future partitions not to relieve land from liability for total land-revenue unless made as provided in this Act
- 10Amount of land-revenue to be assessed on each separate estate
- 11Restrictions on partition of estate with reference to land-revenue
- 12Execution of a decree for partition
- 13Power to refuse partition which would result in formation of estates scattered so as to endanger the safety of the land-revenue
- 14Interest alienated with special condition as to liability for land-revenue
- 15Sale, for arrears of land-revenue, of an estate which is under partition
- 16Sale, for arrears of land-revenue, of share in an estate which is under partition
Chapter 4 Chapter 4 →
- 17Application for partition how to be made
- 18Application to be signed and to contain certain particulars
- 19Application to be accompanied by copy of rent-roll and by specification of previous measurements and record-of-rights
- 20Procedure if application is not in order
- 21Notification and invitation of objections to application
- 26Decree made while partition proceedings are in progress
- 27Decree made after partition proceedings completed
- 28Power of Civil Court to order partition on application being made to Collector
- 29Admission of application for partition and procedure thereupon
- 30Subsequent application for separation of another share
- 31Power of Collector to refer partition application to Deputy Collector
- 32Power of Collector to appoint Deputy Collector to carry out partition
- 33Power of Collector to strike partition case off the file
- 34Power of Commissioner to strike partition case off the file
Chapter 5 Chapter 5 →
- 35Power to appoint establishments and prescribe scale of remuneration
- 36Power to appoint special establishment
- 37Estimating and levy of cost of partition
- 38Apportionment of cost of partition
- 39Power of Deputy Collector to declare cost of local inquiry and by whom it is to be paid
- 40On completion of partition, total cost to be declared and account adjusted
- 41Power to direct that salary of Deputy Collector, and cost of special establishment, be recovered as part of costs of partitions
- 42Estates Partition Account
- 43Order by Civil Court for payment by parties of costs of partition
Chapter 6 Chapter 6 →
- 44Powers of Deputy Collector in making a partition
- 45Deputy Collector when to make survey and prepare record of existing rents and assets
- 46Particulars to be recorded
- 47Attestation of survey papers and record of existing rents and assets
- 48Publication of survey papers and record of existing rents and assets
- 49Power of Deputy Collector to accept previous survey, record-of-rights, measurements or rent-rolls, instead of making a new survey and a record of existing rents and assets
- 50Record of order, fixing of day for determining partition, and service of notices
Chapter 7 Chapter 7 →
Chapter 8 Chapter 8 →
- 57Procedure where no petition presented
- 58Submission of case to Collector; his duties
- 59Deputy Collector when partition has been approved by Collector or makes a new partition
- 60Proprietor not appearing on fixed day nor entitled to make objection
- 61Submission of the papers to the Commissioner after approval of the partition by the Collector
Chapter 9 Chapter 9 →
- 62Separate estates to be compact
- 63Circumstances to be considered in making partitions
- 64Rights when dwelling-house belonging to one proprietor is situated on land to be allotted to another proprietor
- 65Power to apply provisions of section 64 to gardens, etc
- 66Rent for land fixed under section 64 or 65 deemed to be the assets of the land
- 67Redemption of rent under section 64
- 68Amount payable in redemption of rent
- 69Such amount when payable
- 70Notice of payment to proprietor and land to be held rent-free
- 71Tenure to be held rent-free
- 72Drawing of lots for equal shares
- 73Order and method of drawing lots when aggregate of two or more shares equals one other share, or equals the aggregate of two or more other shares
- 74Deputy Collector may require proprietors to attend or appoint agent for the purpose of drawing lots
- 75In default, Deputy Collector may appoint a person to draw lots
- 76Partition according to separate possession, and apportionment of land-revenue
- 77Lands of which each proprietor is in possession to be allotted to him
- 78Collector may cause transfer of lands agreed to by parties
- 79Places of worship, etc
- 80Tanks, wells, water-courses, reservoirs and embankments
- 81Splitting up of tenure or holding and apportionment of rent thereof
- 82Land held rent-free not to be divided, except with consent of recorded proprietors
- 83Act VI of 1935).
- 84Land held in common between the proprietors of two or more estates how to be dealt with when one estate is under partition
- 85When proprietors of other estates may be required to pay a portion of the costs of making a division under section 84
- 86Allotment made under section 84 to be submitted to the Collector
- 87Land so allotted how to be dealt with
- 88Procedure when dispute or doubt exists as to whether any land forms part of a parent estate
- 89Procedure when partition completed in pursuance of order under section 88, clause (b), and proprietor of an estate dispossessed of any land by decree
Chapter 10 Chapter 10 →
- 90Procedure if proceedings require amendment or if appeal or objection presented
- 91Procedure in other cases
- 92Commissioner may return the papers for amendment or inquiry as often as he thinks fit
- 93Procedure by Collector on receipt of Commissioner's order confirming, or Board's order sanctioning, a partition
- 94Procedure as to giving possession of separate estates
- 95Each separate estate to be borne on the revenue-roll and General Register as separately liable for the land-revenue assessed upon it
Chapter 11 Chapter 11 →
- 100Union of estates
- 101If separate estate falls into arrear, Collector to inquire into cause and report to Commissioner
- 102Power of State Government to order a new allotment of the land-revenue
- 103Power to require proprietors of under-assessed estates to make refund to proprietors of over-assessed estates
- 104Publication of notifications
- 105Service of notices
- 106Mis-service and irregularity not to vitiate proceedings
- 107Fine in case of non-compliance with requisition
- 108Fees, etc., to be recoverable as public demands
- 109Powers and functions of Deputy Collector may be exercised by Collector
- 110Power to vest Collector or Deputy Collector with settlement powers
- 111Appeals to the Collector and admission by him of objections
- 112Appeals to the Commissioner, and admission of objections
- 113Appeals to the Board
- 114Limitation of appeal; by whom further appeal to Board
- 115Stay of proceedings pending appeal or revision
- 116Revision of proceedings connected with giving possession
- 117Orders as to costs on appeal
- 118Powers of officers exercising jurisdiction under this Act with regard to false evidence or forgery
- 119Certain orders under this Act not liable to be contested or set aside by civil suit
- 120Board to be guided by order or instructions of State Government
- 121Power of Board to make rules
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