2. MEANING OF PARTITION AND
ITS TYPES
PARTITION is the process by which the
people who are joint owners of an estate
makes a division of the estate and realise
their on share of land and pay their own
share of revenue only. It can either be
PERFECT OR IMPERFECT
PERFECT means division of a revenue
paying estate into two or more estate, each
separately liable for the revenue assessed
thereon (u/s 96)
IMPERFECT means division of revenue
paying estate into two or more portions jointly
liable for the revenue assessed on the entire
estate (u/s 96)
Only civil court is competent to allow partition
3. PERSONS ENTITLED TO
PARTITION
(U/S 97) Every recorded proprietor of a
permanently settled estate and
temporarily settled estate may, if he is in
actual possession of the interest, in
respect of which he desires partition,
claim perfect or imperfect partition of the
estate.
When two or more proprietor or
landholder would be entitled to partition
of their respective interest in the estate,
they may jointly claim partition in respect
of aggregate interests.
4. RESTRICTIONS AGAINST
PARTITION
In case of perfect partition, if the result
is to form a new estate whose revenue
would be less than Rs. 5 per year, no
application of it is to be entertained.
In case of imperfect partition, the
consent of co-sharers holding in the
aggregate more than one half of the
estate should be obtained.
Partition can only be done in
accordance with chapter 6 of this Act
5. PROCEDURE FOR
PARTITION
Application u/s 98
Notification of application u/s 99
Objections u/s 100 (title objection,
other objection)
Mode of partition u/s 103
6. Some points to be noted
land is in severalty- separate estate to be
formed (u/s 105)
Some severalty some in common: village
custom or fair share (u/s 106)
Land in common- fair share (u/s 107)
Estate to be compact (u/s 109)
Common tank, well, water, water course and
embankments (u/s 111)- proportion of repair
charge and profit
Common place of worship or burial ground-
to be continued or amicably decided (u/s 112)
7. The amount of revenue payable by each
portion of divided estate to be determined
by DC (u/s 113)
Cost of partition- to be paid by parties
rateably or as the state government may
by rules prescribe (u/s 114)
DC may also stay the proceedings u/s 115
and proclamation is done u/s 116
8. The date of taking effect of
this will always be AGRICULTURAL YEAR
(generally it is last April but the state
government may specify it)
◦ After partition, the land is to be delivered to
the parties u/s 116 A.
◦ Appeal can be filed within 1 year to board of
revenue u/s 117
9. UNION OF ESTATE
JUST REVERSE THE PROCEDURE
OF PARTITION
u/s 120, 121 and rule 121.
