EP Act 29Chapter IV · Initiation and discontinuance of partition proceedings

Section 29 · Admission of application for partition, and procedure thereupon

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- If no objection be made, within the time specified in the notification published under Section 21, to an application for partition, or when all objections have been disposed of, and if the Collector has no reason to believe that any obstacle exists to his making the partition as applied for, he shall direct that the application be admitted, and shall record a proceeding-

(a)

declaring the estate to be under partition for the purpose of forming and assigning to the applicant a separate estate;

(b)

declaring the extent of interest in the parent estate which he finds to be held by the applicant or joint applicants; or, if more than one separate application for separation has been admitted, the extent of interest in the parent estate which he finds to be held by every separate applicant or body of joint applicants, respectively;

(c)

declaring the extent of interest which remains to any recorded proprietor or body of recorded proprietors who are not applicants;

(d)

ordering that land proportionate to the interest so declared to be held by each applicant, or body of joint applicants respectively, shall be formed into a separate estate, to be assigned to such applicant or body of joint applicants; and

(e)

ordering that land proportionate to the interest so declared to remain to any recorded proprietor or body of recorded proprietors who are not applicants shall be left forming a separate estate;
and shall at the same time issue a notice to each of the proprietors by registered post, letter informing him that application for partition has been admitted and that the partition will be proceeded with, and requiring him to register his name and address and to appoint an agent to accept service of process and to make any appearance or application or do any act required or authorized to be made or done by a party to a partition under this Act.

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