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3 If any zamindar, independent talukdar or other actual proprietor of land sha ll clie * u without a will, or without having decla red by a writiug or verbally, to whom and in what ma •. ncr his or her lantlcd property n to devolve after his or her demise, and shallledve two or mo re hei rs, who uy the ..\Iuharnmada n or Hindu law (according as 1he parties may be of the former or latter persuasion) shall be: respectively entitled to succeed to a portion of the la nded p ropert y of the deceased , under the rule coBtaincd in (sertion 2)3 such persons shall be a t liberty, if they shall prefer so tloing, to hold the property as a joint undivided estates. If one or mo re, or all of the sharers, shall be desirous of having separate pos,ession ol their respective shares, a division of the estate shall be made in the manner di rerte I in (the Estates Partition Act, l 876]1 , and such sharer or sharers shall have the separate possession of such share or sha 1 es accortlingly. ---- -------------- lWords amJ fagurcs as to dates, which were repealed by the Repe.1ling Au, 1874 (XVI of 1874), are omitted. The wcrds aud figures "subsequent to the period specified in section 2~ which were repealed hy the Repealing Act, 1874 {XVI of !874), are omitted. ' 'J he word and figure "section 2" ins. 3 werr substituted for the words " that srction" by rhe Amending Act, 1891 lXII of 1891), {since repealed). • ThesP worth ancl figures in ~quare brackets, in s. 1, were substituted for the word and fi~ures ''Rebulation XXV, 1793," by the \mendin~ Act, 1891 (Xll uf 1891), smce rcpeakd. Ben. Act Vlll of 1876 has been rcpedled and re-en:tcted by the Estates Pat tit ion Act, LR97 (BI-n. Act V of 1897), but nei ther Ben. Act VIII of. 1 R76 nor Ben. Act V uf 1897 has been extended to Assam or any part thereof,