EP Act 76Chapter IX · General Principles for making Partitions Lands held in common tenancy

Section 76 · Partition according to separate possession, and apportionment of land-revenue

(1)

when the lands of an estate have been divided by private arrangement formally made and agreed to by all the proprietors, and each proprietor is, in pursuance of such arrangement, in possession of separate lands held in severalty as representing his interest in the estate, the joint application presented under Section 7 may be to the effect-

(a)

that a partition of the estate be made by assigning to each proprietor or to two or more proprietors jointly, as his or their separate estates, or estates, the lands of which they are in separate possession in pursuance of such arrangement, and

(b)

that each separate estate so formed be made liable for such portion of the entire land-revenue of the parent estate as was paid by the proprietor or proprietors thereof under the private arrangement aforesaid.

(2)

The Deputy Collector who is appointed to carry out the partition in accordance with such application shall satisfy himself that the assets of each separate estate which it is proposed to form will be sufficient to secure the payment of the annual amount of land-revenue for which it is proposed to make such separate estate liable.

(3)

If the Deputy Collector is not satisfied that the assets of each such separate estate will be sufficient as aforesaid, or that, with reference to the circumstances of the case, the partition of the land and the assessment of the land-revenue thereon may be made in the manner proposed without endangering the safety of the land-revenue, he shall reject the application, unless all the recorded proprietors agree that the land-revenue for which the parent estate is liable shall be apportioned among the separate estate so to be formed in such a manner that the safety of the total amount of the land-revenue shall not be endangered.

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