The Partition Act, 1893

Summary of the Partition Act, 1893

Key Provisions

1. Title and Extent: - Remains Unchanged: The Partition Act, 1893, applies to the whole of India (with historical exceptions).

2. Appeal and Judicial Procedures: - New Insight: Decisions by a Revenue-officer can be appealed to the Commissioner within 15 days. Further appeal to the Chief Court is possible if allowed by law.

• Existing: Courts may direct the sale of property and distribution of proceeds if division is not reasonably convenient.

3. Partition Procedures and Property Management: - Updated:

• Revenue-officer's discretion in deciding property division and mode of partition (Section 118).

• Provision for applicants to withdraw from partition proceedings under certain conditions (Section 118(3)).

• Administration of property excluded from partition, including use, expenditure, and profit distribution (Section 119).

• Determination of revenue and rent post-partition, with potential for re-distribution due to fraud or error (Section 120).

• Existing: Specific buy-out procedures for sharers, rules for transferees of dwelling-house shares.

4. Post-Partition Arrangements:

• New: Preparation of an instrument of partition with an effective date

• Entitlement to possession for allotted land/tenancy and the procedure for enforcing this right.

• Affirmation process for privately affected partitions.

• Power to make rules on partition costs.

• Provision for re-distribution of land according to established custom.

5. Representation and Miscellaneous:- Remains Unchanged: Representation for parties under disability in partition suits.

• Existing/Assumed Relevance: Collector's powers, partition procedures, property considerations, appeals, and special provisions for decree holders.