# The Partition Act, 1893, Section 2: Power to court to order sale instead of division in partition suits

- Act: The Partition Act, 1893 (Act 4 of 1893)
- In force from: 1893-03-09
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/partition-act-1893/section/2/

## Text

Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the court that, by reason of the nature of the properly to which the suit relates, or of the number of the shareholders therein, or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.

---
Published by eCourtsIndia together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957.