Understanding 'Partition' under the Regulation of 1886
Meaning of Partition:
Partition is the process by which the people who are joint owners of the estate makes a division of the estate and realizes their share of (estate) land and pay their share of revenue only.
Partitions are of 2 Kinds: PERFECT & IMPERFECT
I) Perfect Partition:
It means the division of a revenue–paying estate into two or more estates, each liable (for) separately (paying) for revenue assessed thereon [Section 96 of the Regulation]
II) Imperfect Partition:
It means the division of a revenue–paying estate into two or more portions, jointly liable for the revenue assessed on the entire state.
Section 97 provides that – every recorded proprietor of a permanently settled estate and every recorded landholder of a temporary settled – estate, who is in actual possession of the interest may claim, a perfect or imperfect partition of the estate. Proprietors with similar capacity on an estate may also claim partition jointly.
Restriction on Partition:
(a) On Perfect Partition
if the result of such a partition is to form a new estate where revenue would be Rs. 5 per year, then no such application shall be entertained [Section 97 of the Regulation]
(b) On Imperfect Partition
The consent of the recorded co-sharers holding in the aggregate, more than one-half of the estate should be obtained before such application is made.
Procedure for Partition:
(i) Application for partition under Section 98
The application for partition should be submitted to the Deputy Commissioner, specifying the area of the estate, the applicant's interest therein, and the co-sharers names. The applicant must own his share. Every application for perfect partition should be in writing.[S.98].
(ii) Notification of application under Section 99
After receiving the application for partition, the Deputy Commissioner will proclaim his office and also to recorded co-sharers, to file an objection, if any within 60 days of the issue of the proclamation.
(iii) Objections under Sections 100 & 101
The Deputy Commissioner will continue with the partition if the suit is dismissed or will follow the decision of the court if the suit is instituted.
(b) Section 101 provides an objection that does not require Civil Court interference shall be disposed of by the Deputy Commissioner.
If any objections under Section 100 & 101 are disallowed, then the DC will proceed with a partition under Section102.
(iv) Mode of Partition:
Deputy Commissioner may allow the parties themselves to make the partition amicably, appoint arbitrators, or take the partition himself under Section 103.
(v) In making the partition, the Deputy Commissioner shall have regards for the following :
Where all lands are held in severalty, the lands held in severalty by the applicant will be framed into a separate state under Section 105.
Where lands are held in severalty and common, the common land shall be divided as per village rules, to be fair.
Where all lands are held in common, D.C. will make an equitable and fair partition under Section 107.
If in the share of landfalling to one sharer, stands the dwelling house of another co-sharer, the co-sharer will retain it on payment of ground rent fixed by the Deputy Commissioner under Section 110.
Where common tanks, wells and watercourses are found to be still necessary to be jointly (allowed) enjoyed, Deputy Commissioner shall fix the extent of use of such resources and shares of repair charges on profit if any under Section 111.
Common places of worship and burial grounds shall continue to be so unless otherwise amicably decided under Section 112.
(vi) Determination of Revenue Payable by each Estate under Section 113
The amount of revenue shall be decided by the Deputy Commissioner. The aggregate revenue of the new estate should not exceed that of the estate before the partition.
In the case of Imperfect partition, the proprietors or landholders are jointly and severally liable.
(vii) Cost of Partition under Section 114
Cost of surveying, when required shall be paid by all the proprietors, as per their interests, of the estate.
For other costs, the government is empowered to make rules for the determination of cost of partition, mode of apportionment of costs and parties who will pay the cost and at which particular stage of proceedings under Section 114.
(viii) Stay of Partition in certain cases under Section 115
For any grounds, the Deputy Commissioner may quash the proceedings at any stage under Section 115.
(ix) Proclamation of Partition under Section 116
When the partition is complete, the Deputy Commissioner shall publish a proclamation in his office and at the areas of the old estate and new estate under Section 116.
The partition takes effect from the commencement of the agricultural year ( i.e., April or as specified by the Government) under Section 116.
DELIVERY OF POSSESSION :
After taking effect of partition, the Deputy Commissioner shall deliver possession to the Several sharers of separate lands allotted to them, if need be, by ejected any proprietor or landholder, who has not vacated under Section 116-A.
An appeal can be made to the Board of Revenue against Deputy Commissioner partition orders within a year of taking effect of partition under Section 117.