In force
The Partition of Revenue-Paying Estates Act, 1863
59 sections · As amended up to 2026-08
Sections
- 1Repealed
- 2Future Partitions to be made under provisions of Act
- 3What Parties entitled to partition
- 4Parties desirous of partition to apply to Collector in writing
- 5Application to be signed, and certain particulars specified
- 6Procedure of Collector on receipt of application
- 7In case of valid objection being made within time allowed, application may be refused
- 8Procedure if question of title, or of proprietary right, be raised
- 9Decision of Collector equivalent to decision of civil Court, and open to appeal
- 10Special appeal to Sadr Court
- 11Civil Court to entertain suits only on appeal from decision of Collector
- 12Notification on partition being ordered
- 13Partition by whom carried out
- 14Assessment and levy of costs incurred in making partition
- 15Partition may be stayed, and proceedings quashed, by Commissioner
- 16Procedure after lapse of period mentioned in notification under section XII
- 17Examination of parties and their papers
- 18Options of settlement by private agreement
- 19If parties cannot agree as to arbitrators, latter may be appointed by Collector
- 20Appointment in place of arbitrator refusing, or being unable, to act
- 21Powers of Collector with regard to arbitrators
- 22Particulars to be specified in partition paper
- 23Remuneration of arbitrators
- 24In default of award by first arbitrators, partition may be referred to others
- 25In default of Private agreement, or settlement by arbitration, officer may be appointed to make partition
- 26Who shall summon proprietors by proclamation to attend proceedings
- 27Estate may be attached and brought under khas management under superintendence of officer
- 28Procedure in case of arrears of revenue accruing during course of partition of estate
- 29Power of officer charged with partition, in respect of measurement, &e
- 30Division of lands held in common
- 31Collector may refuse to separate lands in certain cases
- 32Where no lands held in common, lands in severalty may be declared separate estate
- 33Sharer failing to attend after proclamation, liable to forfeit right of objection
- 34Partition may be stayed if parties so desire
- 35Estates formed in course of partition to be as compact as possible
- 36Revenue to be assessed on each divided estate
- 37Circumstances to be considered in making partition
- 38Rule when dwelling house belonging to one sharer, is situate on ground to be allotted to Another sharer
- 39Rule as to tanks, wells, water-courses, and embankments
- 40Rule as to places of worship
- 41Particulars to be contained in paper of partition to be submitted by officer making same.Map to be also submitted
- 42Procedure of Collector thereupon
- 43Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ; andmay direct division by lot, under certain circumstances
- 44Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on appeal
- 45Government may order new allotment of public revenue among estates formed by partition, in case of fraud or error in original allotment being proved
- 46Section 46
- 47Holder of decree of civil Court, awarding right to portion of estate, may apply for partition, and Collector may proceed thereon under Act
- 48Union in certain cases of severed portions of estates originally undivided
- 49Application for such union how made, and how dealt with
- 50Repealed
- 51Provisions of Act applied to partition of estates held free from payment of revenue
- 52Control of Collector’s proceedings under Act
- 53Orders of Collector when open to revision by superior Revenue-authorities
- 54What other officers may exercise power vested in Collector
- 55Power to be exercised by Collector, or officer appointed to make partition
- 56Power of officers exercising jurisdiction under Act, with regard to false evidence
- 57Board of Revenue to be guided by instruction of Local Government
- 58Interpretation
- 59Territorial scope of Act