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