Chapter 2 Chapter 2

Right to claim Partition

1. (1) Subject to the provisions of this Act, every recorded proprietor of a joint undivided estate who is in actual possession of the interest in respect of which he is so recorded shall be entitled to claim a partition of the said estate and the separation therefrom and assignment to him as a separate estate of land representing the interest of which he is in such possession.
2. (2) Any two or more of such recorded proprietors may claim that land representing the interest of all such claimants be formed into one separate estate to be held by them as a joint undivided estate; and every provision of this Act, which applies to an applicant for partition shall apply to any two or more persons making any such claim.

1. (1) If the interest OF any recorded proprietor who is entirled to claim partition is an undivided share in an cslate held in common tenancy, he shall be enlitled to have assigncd lo him as his separzlle estate, land uf which thc assets shall bear rhc same propurlion to the assets of the parent eslale as his undivided share in the pirrent estate bears lo the enrire parent estate.
2. (2) If the interest of such recorded proprietor is the proprielary right over specific t~in~rzus or lands forming part ofthe parenteslateand held by him in severalry, he shall beentitled to have assigned to him as his separate cslate the said rlinlrzas or lands.
3. (3) If he intercst of such recorded proprietor consists of an undivided share held in common Lenancy in specific murrzus or lracls Formingpart of theparentesralc, bur not extending ovcr (hc whole area of the parent estalc, he shall be enlitled to have assigned LO him as his separate eslate land, situatcd within such spccilic IIrnlnns ur tracts at' which the assets shall bcar the same proporlion to the assels of such specific tnorrzns or tracts as his undivided share in such specific marsns or rracts bears to the entire mnuzns or tracts : Provided hat, iflhe interest ofsuch recorded proprietor consist of such an undivided share in more than one rtmrrzn or tncl, hc shall not bc cn~itled to have land assigned lo him in every such trmrrur or tract, but [he Collector may assign to him as his separate estate land situatcd in any one or more of the said riin~rzas or tracts, subjecl to thecondition [hat the assets of such land are in proporlion to the aggregate of [he interests which he holds in all such niu~ruls or tracts.
4. (4) If the interest ufsuch recorded proprietor consists parrly of land held in severalty, nnd ponly or an undivided share either in the whole cstatc or in specific land held in common tenancy, he shall be enlitIed to have rhe p~rtion of rhe common land falling by partition lo hisshare added to the land held by him in scvcral~y, and the estate thus formed sha-11 be assigned to him as his scparate eslate. so that the assets shall bearthe same proportitln to the assets of thewhole estate as his interest in all the land and undivided sharcs hcld by him bears to the aggregate interests of all the proprietors.
5. (5) If the inleresl of such recorded proprietor is of more than one of [lie kinds specified in [he preceding sub-sections, land shall be assigned to him as far as possible in accurdancc wilh the principles rhcrcin laid down.

Whenevcr any land is held in comnlon between thc proprietors of two or morc cslalcs not being under partilion any one or more of such proprietors may, wirhout applying for paflition of their several estates il~rer se, apply for separation of the land held by them in common, and fortheallotment ofthepropersharesofsuch land toeach of their separatc cslales, [he land-revenue of those estates remaining unaltered: and such applicalion shall be dealt with as Far as may be in accordance with the provisions of this Act.

1. (1) Where the lands of an estate have bccn divided by private arrangement formally made and agreed to by all the proprietors, and each proprietor has, in pursuance of such arrangement, taken posses- siotl of scparatc lands lo be held in severalty as representing his interest in thc cstale, no partition of the estrue shall be made under this Act except-
   • (a) on the joint application of all the proprietors, or
   • (b) in pursuance of a decree or order of a Civil Court.
2. (2) No objection to the parti~ion or an eslate under this Act on the ground that the lands have been divided by private arrangement shall be admitted unless it is presented before the Colleclor records a proceeding under section 29 declaring the estate to be under partition.

Notwjrhstanding anything hereinbehe contained, no person having a proprietary interest in an estate for the term of his life only shall be emirled LO claim partition under this Aa.