EP ActBihar1897
The Estates Partition Act, 1897
Some chapters of this Act are incomplete in our copy — a few sections did not come through from the source. For a section missing here, read the Government text (India Code or the State Gazette).
Act No. 5 of 1897
- Sections
- 108
- Chapters
- 11
- Classified offences
- 1
Contents
IPreliminary§ 1–33 sections
IIRight to claim partition§ 4–85 sections
- 4Who entitled to claim partition
- 5Partition according to interest
- 6Separation of land held in common between the proprietors of two or more estates, when the estates are not under partition
- 7Partition of lands under Act where a partition has been made by private arrangement
- 8Tenants for life not entitled to claim partition
IIISecurity of the Land-Revenue§ 9–168 sections
- 9Future partitions not to relieve land from liability for total land-revenue, unless made as provided in this Act
- 10Amount of land-revenue to be assessed on each separate estate
- 11Restrictions on partition of an estate with reference to land-revenue
- 12Execution of decree for partition
- 13Power to refuse partition which would result information of estates scattered so as to endanger the safety of the land-revenue
- 14Interest alienated with special condition as to liability for land-revenue
- 15Sale, for arrears of land-revenue of an estate which is under partition
- 16Sale for arrears of land-revenue, of share in an estate which is under partition
IVInitiation and discontinuance of partition proceedings§ 17–3418 sections
- 17Application for partition how to be made
- 18Application to be signed and to contain certain particulars
- 19Application to be accompanied by copy of rent-roll and by specification of previous measurements and record-of rights
- 20Procedure if application is not in order
- 21Notification and notice of application
- 22Power to reject application on receipt of objection
- 23Procedure when objection raises any question of right or title or extent of interest
- 24Resumption of proceedings after postponement
- 25Suits instituted after four months not to affect or stay proceedings for partition
- 26Decree made while partition proceedings are in progress
- 27Decree made after partition proceedings completed
- 28Power of Civil Court to order partition on application being made to Collector
- 29Admission of application for partition, and procedure thereupon
- 30Subsequent application for separation of another share
- 31Power of Collector to refer application for partition to Deputy Collector
- 32Power of Collector to appoint Deputy Collector to carry out partition
- 33Power to strike partition case off the file, on petition of parties
- 34Power of Commissioner to strike partition case off the file
VEstablishments and Costs.§ 35–439 sections
- 35Power to appoint establishments and prescribe scale of remuneration
- 36Power to appoint special establishment
- 37Estimating and levy of cost of partition
- 38Apportionment of cost of partition
- 39Power of Deputy Collector to declare cost of local inquiry and by whom it is to be paid
- 40On completion of partition, total cost to be declared and account adjusted
- 41Power to direct that salary of Deputy Collector, and cost of special establishment, be recovered as part of costs of partition
- 42Estates Partition Account
- 43Order by Civil Court for payment by parties of costs of partition
VIProceedings up to the Determination of the Partition§ 44–507 sections
- 44Powers of Deputy Collector in making a partition
- 45Deputy Collector when to make survey and prepare record of existing rents and assets
- 46Particulars to be recorded
- 47Attestation of survey papers and record of existing rents and asset
- 48Publication of survey papers and record of existing rents and assets
- 49Power of Deputy Collector to accept previous survey, record-of-rights, measurements or rent-rolls, instead of making a new survey and a record of existing rents and assets
- 50Record of order, fixing of day for determining partition and service of notices
VIIPartition by Amicable Arrangement or by Arbitration.§ 51–566 sections
VIIIMaking of partition by the Deputy Collector, and Approval thereof by the Collector§ 57–615 sections
- 57Procedure where no petition presented under Section 51
- 58Submission of case to Collector; his duties
- 59Duties of Deputy Collector when partition has been approved by Collector, or when Collector makes a new partition
- 60Proprietor not appearing on fixed day not entitled to make objection
- 61Submission of the papers to the Commissioner after approval of the partition by the Collector
IXGeneral Principles for making Partitions Lands held in common tenancy§ 62–8120 sections
- 62Separate estates to be made compact
- 63Circumstances to be considered in making partition
- 64Rights when dwelling house belonging to one proprietor is situated on land to be allotted to another proprietor
- 65Power to apply Section 64 to gardens, etc
- 66Rent for land fixed under Section 64 or 65 deemed to be the assets of the land
- 67Redemption of rent fixed under Section 64
- 68Amount payable in redemption of rent
- 69Such amount when payable
- 70Notice of payment to be given, and land to be held rent free
- 71Collector to register the rent free tenure
- 72Drawing of lots for equal share
- 73Order and method of drawing lots when aggregate of two or more shares equals one other share, or equals the aggregate of two or more other shares
- 74Deputy Collector may require proprietors to attend or appoint agent for the purpose of drawing lots
- 75In default, Deputy Collector may appoint a person to draw lots
- 76Partition according to separate possession, and apportionment of land-revenue
- 77Lands of which each proprietor is in possession to be allotted to him
- 78Collector may cause transfer of lands agreed to by parties
- 79Places of worship, etc
- 80Tanks, wells, water-courses, reservoirs and embankments
- 81Splittin-up-of tenure or holding and apportionment of rent thereof
XProcedure before the Commissioner up to the Completion of a Partition.§ 90–967 sections
- 90Procedure if proceedings require amendment or if appeal or objection presented
- 91Procedure in other cases
- 92Commissioner may return the papers for amendment or inquiry as often as he thinks fit
- 93Procedure by Collector on receipt of Commissioner's order confirming, or Board's order sanctioning a partition
- 94Procedure as to giving possession of separate estates
- 95Each separate estate to be borne on the revenue-roll and General Register as separately liable for the land-revenue assessed upon it
- 96Boundary marks
XIMiscellaneous§ 97–11620 sections
- 97Powers of Deputy Collector as to production of documents and attendance of witnesses
- 98General power to refer to arbitration
- 99Saving of tenures, leases and encumbrances
- 100Uniting of estates
- 101If separate estate falls into arrear, Collector to enquire into cause and report to Commissioner
- 102Power of Board to order a new allotment of the land-revenue
- 103Power to require proprietors of under assessed estates to make refund to proprietors of over assessed estates
- 104Publication of notification
- 105Service of notices
- 106Mistakes and irregularities not to vitiate proceedings
- 107Fine in case of non-compliance with requisition
- 108[ Fees, etc., to be recoverable as public demands. [Bengal Act 1 of 1895 has been repealed and re-enacted by the B.O. Public Demands Recovery Act, 1914, Section 2, and this reference should now be construed as a reference to the latter Act-see the B. & O. General Clauses Act, 1917, Section 10.]
- 109Powers and functions of deputy Collector may be exercised by Collector
- 110Power to vest Collector or Deputy Collector with settlement
- 111Appeals to the Collector and admission by him of objections
- 112Appeals to the Commissioner, and admission by him of objections
- 113Appeals to the Board
- 114Limitation of appeals; revision by Board; further appeals to Board
- 115Stay of proceedings pending Appeal or Revision
- 116Revision of proceedings connected with giving possession