Bare Act Search Results

Partition Act, 1893 Complete Act

Title: Partition Act, 1893

State: Central

Year: 1893

Preamble1 - PARTATION ACT 1893 Section1 - Title, extent and saving Section2 - Power to court to order sale instead of division in partition suits Section3 - Procedure when sharer undertakes to buy Section4 - Partition suit by transferee of share in dwelling-house. Section5 - Representation of parties under disability Section6 - Reserved bidding and bidding by shareholders Section7 - Procedure to be followed in case of sales Section8 - Orders for sale to be deemed decrees Section9 - Saving of power to order partly partition and partly sale Section10 - Application of Act to pending suits

Partition Act, 1893 Section 2

Title: Power to Court to Order Sale Instead of Division in Partition Suits

State: Central

Year: 1893

Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the court that, by reason of the nature of the properly to which the suit relates, or of the number of the shareholders therein, or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.

Partition Act, 1893 Section 9

Title: Saving of Power to Order Partly Partition and Partly Sale

State: Central

Year: 1893

In any suit for partition the court may, if it shall think fit, make a decree for a partition of part of the property to which the suit relates and a sale of the remainder under this Act.

Partition Act, 1893 Section 4

Title: Partition Suit by Transferee of Share in Dwelling-house.

State: Central

Year: 1893

(1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf. (2) If in any case described in sub-section (!) two or more members of the family being such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.

The Estates Partition Act, 1897 Complete Act

State: Jharkhand

Year: 1897

THE ESTATES PARTITION ACT, 1897 THE ESTATES PARTITION ACT, 1897 [Act No. 5 of 1897] [ Act 14 of 1882 was repealed and re-enacted by the Code of Civil Procedure, 1908 (5 of 1908).] PREAMBLE An Act to amend the law relating to the Partition of Estates. Whereas it is expedient to amend the law relating to the partition of estates; And whereas the sanction of the Governor-General of India has been obtained, under Section 5 of the Indian Councils Act, 1892, to the provisions contained in Section 12 of this Act amending the Code of Civil Procedure; [Act 14 of 1882 was repealed and re-enacted by the Code of Civil Procedure, 1908 (5 of 1908).] It is hereby enacted as follows:" Section 1 - Short title, extent and commencement (1) This Act may be called the Estates Partition Act, 1897; (2) It extends to the [Substituted for "territories" by the Indian Independence (Adaptation of Bengal and Punjab Acts), Order, 1948.] [Substituted by A.L.O.] [States] of West Bengal and Bihar and that part of the [Substituted by A.L.O.] [State] of Orissa which on the eighth day of December, 1897, was] [Words "for the time being" repealed by A.O.] [x x x] under the administration.....

Estates Partition Act, 1897 Complete Act

State: West Bengal

Year: 1897

.....2 Repeal and savings 44. Sub-sec. (1) rep. by Ben. Act 16 of 1946. * ***** (2) Any enactment or document referring to the said Estates Partition Act, 1876, or to any enactment repealed thereby, shall, so far as may be, and subject to sub-section (1) of this section, be construed to refer to this Act or to the corresponding portion thereof. Section 3 Definitions In this Act, unless there be something repugnant in the subject or context, (i) "Board" means the Board of revenue for 4a4a. Words subs. by the Government of India (Adaptation of indian Laws) Order, 1937, and the Adaptation of Laws Order, 1950, respectively. [the State]; (ii) "Collector" means the Collector of the district on the revenue-roll of which an estate which is under partition, or which it is proposed to bring under partition is borne, and includes (a) any officer whom the Board generally vests (as it is hereby empowered to do) with the powers of a Collector under this Act, and to whom the Collector has, with the sanction of the Commissioner, delegated (as he is hereby empowered to do) any of his functions in respect of the partition of an estate, and (b) any officer whom the Board specially vests (as it.....

Income Tax Act, 1961 Section 171

Title: Assessment After Partition of a Hindu Undivided Family

State: Central

Year: 1961

.....finding of partition has been given under this section in respect of Hindu undivided family. (2) Where, at the time of making an assessment under section 143 or section 144, it is claimed by or on behalf of any member of a Hindu family assessed as undivided that a partition, whether total or partial, has taken place among the members of such family, the Assessing Officer shall make an inquiry thereinto after giving notice of the inquiry to all the members of the family. (3) On the completion of the inquiry, the Assessing Officer shall record a finding as to whether there has been a total or partial partition of the joint family property, and if there has been such a partition, the date on which it has taken place. (4) Where a finding of total or partial partition has been recorded by the Assessing Officer under this section, and the partition took place during the previous year, (a) the total income of the joint family in respect of the period up to the date of partition shall be assessed as if no partition had taken place; and (b) each member or group of members shall, in addition to any tax for which he or it may be separately liable and notwithstanding anything.....

Indian Partition Act, 1893 Complete Act

State: Central

Year: 1893

.....Civil Procedure (14 of 1882)-in respect of sales in execution of decrees. SECTION 08: ORDERS FOR SALE TO BE DEEMED DECREES Any order for sale made by the Court under section 2-,3-or4-shall be deemed to be a decree within the meaning of section 2 of the Code of Civil Procedure (14 of 1882) - SECTION 09: SAVING OF POWER TO ORDER PARTLY PARTITION AND PARTLY SALE In any suit for partition the Court may, if it shall think fit, make a decree for a partition of part of the property to which the suit relates and a sale of the remainder under this Act. SECTION 10: APPLICATION OF ACT TO PENDING SUITS This Act shall apply to suits instituted before the commencement thereof, in which no scheme for the partition of the property has been finally approved by the Court. Central Bare Acts

The Valliamma Thampuran Kovilakam Estate and the Palace Fund (Partition) and the Kerala Joint Hindu Family System(Abolition) Amendment Act, 1978 [1] Complete Act

State: Kerala

Year: 1978

.....of Cochin" shall be, and shall be deemed to have been, omitted with effect on and from the 28 th day of December, 1971. 3. Substitution of new section for section 3." For section 3 of the Principal Act, the following section shall be substituted, namely:" "3 . Partition of the Estate and the Palace Fund ."(1) The senior most male member of the family shall, within sixty days from the date of commencement of the Valiamma Thampuran Kovilakam Estate and the Palace Fund. (Partition) and the Kerala Joint Hindu Family System (Abolition) Amendment Ordinance, 1978, direct the Board to effect partition of the Estate and the Palace Fund among all the members entitled to a share of the Estate and Palace Fund under section 4 of the Kerala Joint Hindu Family System (Abolition) Act, 1975 (30 of 1976), and such direction shall be published by the Board in the Gazette. (2) If the seniormost male member fails to direct the Board as required by subsection (1), the Board shall, on the expiry of the period specified in that subsection, proceed to effect the partition of the Estate and the Palace Fund among the members referred to in subsection (1), and the partition so effected shall be.....

Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 8AA

Title: Restriction on Partition of Land

State: Central

Year: 1947

.....in the creation of a fragment, that method shall be followed ineffecting partition. (3)Where a partition is effected in execution of a decree all questions relatingto the partition of the land and apportionment of compensation shall be decidedby the Court executing the decree or by the Collector effecting the partition,as the case may be, in accordance with the provisions of sub-section(2).] ________________________ 1. Section 8AA was inserted byBombay Act 61 of 1958, s. 3(i). 2. The words "or of thatsection in its application to the Saurashtra area of the State of Bombay underthe Land Acquisition Act, 1894 (Adaptation and Application) Ordinance,1948" were omitted by the Maharashtra Adaption of Laws (State andConcurrent Subjects) Order, 1960. 3. The words "or as the casemay be, section 18 of the Hyderabad Land Acquisition Act, 1309, Fasli"were deleted by Mah. 19 of 1966, s. 3.