In force

The Partition of Revenue-Paying Estates Act, 1863

59 sections · As amended up to 2026-08

Sections

  1. 1Repealed
  2. 2Future Partitions to be made under provisions of Act
  3. 3What Parties entitled to partition
  4. 4Parties desirous of partition to apply to Collector in writing
  5. 5Application to be signed, and certain particulars specified
  6. 6Procedure of Collector on receipt of application
  7. 7In case of valid objection being made within time allowed, application may be refused
  8. 8Procedure if question of title, or of proprietary right, be raised
  9. 9Decision of Collector equivalent to decision of civil Court, and open to appeal
  10. 10Special appeal to Sadr Court
  11. 11Civil Court to entertain suits only on appeal from decision of Collector
  12. 12Notification on partition being ordered
  13. 13Partition by whom carried out
  14. 14Assessment and levy of costs incurred in making partition
  15. 15Partition may be stayed, and proceedings quashed, by Commissioner
  16. 16Procedure after lapse of period mentioned in notification under section XII
  17. 17Examination of parties and their papers
  18. 18Options of settlement by private agreement
  19. 19If parties cannot agree as to arbitrators, latter may be appointed by Collector
  20. 20Appointment in place of arbitrator refusing, or being unable, to act
  21. 21Powers of Collector with regard to arbitrators
  22. 22Particulars to be specified in partition paper
  23. 23Remuneration of arbitrators
  24. 24In default of award by first arbitrators, partition may be referred to others
  25. 25In default of Private agreement, or settlement by arbitration, officer may be appointed to make partition
  26. 26Who shall summon proprietors by proclamation to attend proceedings
  27. 27Estate may be attached and brought under khas management under superintendence of officer
  28. 28Procedure in case of arrears of revenue accruing during course of partition of estate
  29. 29Power of officer charged with partition, in respect of measurement, &e
  30. 30Division of lands held in common
  31. 31Collector may refuse to separate lands in certain cases
  32. 32Where no lands held in common, lands in severalty may be declared separate estate
  33. 33Sharer failing to attend after proclamation, liable to forfeit right of objection
  34. 34Partition may be stayed if parties so desire
  35. 35Estates formed in course of partition to be as compact as possible
  36. 36Revenue to be assessed on each divided estate
  37. 37Circumstances to be considered in making partition
  38. 38Rule when dwelling house belonging to one sharer, is situate on ground to be allotted to Another sharer
  39. 39Rule as to tanks, wells, water-courses, and embankments
  40. 40Rule as to places of worship
  41. 41Particulars to be contained in paper of partition to be submitted by officer making same.Map to be also submitted
  42. 42Procedure of Collector thereupon
  43. 43Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ; andmay direct division by lot, under certain circumstances
  44. 44Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on appeal
  45. 45Government may order new allotment of public revenue among estates formed by partition, in case of fraud or error in original allotment being proved
  46. 46Section 46
  47. 47Holder of decree of civil Court, awarding right to portion of estate, may apply for partition, and Collector may proceed thereon under Act
  48. 48Union in certain cases of severed portions of estates originally undivided
  49. 49Application for such union how made, and how dealt with
  50. 50Repealed
  51. 51Provisions of Act applied to partition of estates held free from payment of revenue
  52. 52Control of Collector’s proceedings under Act
  53. 53Orders of Collector when open to revision by superior Revenue-authorities
  54. 54What other officers may exercise power vested in Collector
  55. 55Power to be exercised by Collector, or officer appointed to make partition
  56. 56Power of officers exercising jurisdiction under Act, with regard to false evidence
  57. 57Board of Revenue to be guided by instruction of Local Government
  58. 58Interpretation
  59. 59Territorial scope of Act