INTRODUCTION
Any joint owner of land or joint owner of tenancy can make an application for partition of holding. The application for the partition of land is filed before the Land Revenue Officer. So that each owner of Land may take possession, enjoy and control his separate estate at his own pleasure. A person who has no share in land cannot file suit for partition of the land.
RELEVANT PROVISION
Section 135 to 150 Land Revenue Act 1967
LITERAL MEANING
Partition is the distribution of the share in the land of a joint owner from another one. It is the revenue officer who supervises the partition proceedings.
DEFINITION OF PARTITION
Partition means the division of the land held by joint owners, resulting in individual ownership of interests of each, it may be compulsory or voluntary.
OBJECT OF PARTITION
The law of partition is aimed at two following purposes,
- To facilitate the land owners
- Revenue record as proof of ownership
APPLICATION FOR PARTITION OF LAND
For the partition, an application must be made.
Who can apply for Partition?
According to Section 135, any joint owner of land may apply to a revenue officer for the partition of his share in the land.
Conditions for Filing Application:
Following are the conditions for the partition.
- Record of Share: Any joint owner of land may apply to a revenue officer for partition of his share in the land at the date of application the share is recorded under Chapter VI as belonging to him or
- Establishment of Right in Share: Any joint owner of land may apply to a revenue officer for partition of his share in the land if his right to the share has been established by a decree which is still subsisting as of that date.
- Written Acknowledgement of Right: Any joint owner of land may apply to a revenue officer for the partition of his share in the land. A written acknowledgment of that right has been executed by all persons interested in the admission or denial thereof.
Position of Mortgagee:
A mortgage is not an owner of the land and can not enforce partition.
Position of a Widow:
A widow holding land for her life in lieu of maintenance is a “land owner” and therefore, as “owner of land,” she is therefore entitled to apply for the partition of land.
RESTRICTIONS AND LIMITATIONS ON PARTITION
According to section 136, the following are the restrictions on the partition.
Worship Place:
Places of worship held in common before the partition shall continue to be so held after the partition.
Graveyard:
Places of graveyard held in common before the partition shall continue to be so held after the partition.
Water Course:
Any embankments, watercourse, well or tank, and land on which the supply water to any such work may depend can not be partitioned.
Grazing Grounds:
Any grazing ground can not be partitioned if in the opinion of the revenue officer, the partition of such property is likely to cause inconvenience to the co-sharers or other persons directly or indirectly interested therein or to diminish the utility thereof to those persons. Partition of Shamilat Land: Partition of Shamilat land can not be made.
Village Sites:
Any land which is occupied as the site of a town or village may be refused
Agricultural Land:
Partition of agricultural land can not be made.
PERSONS NOT ENTITLED TO APPLY FOR PARTITION
Following persons who are not entitled to apply for partition of land.
- A land owner applies for partition of tenancy
- Land of the person whose land has been excluded from the operation of this act such as Abadi land
- If the applicant is not the owner of the land though he may be a landowner for mortgagee with possession
- Leaseholder
- Mortgagee
PROCEDURE OF PARTITION BY THE REVENUE OFFICER
The Revenue Officer shall adopt the following procedure
Notice of Application
The revenue officer shall send notice to the relevant parties and fix a time for the hearing.
Addition of Party
If any party desires to become a party, he can apply and the revenue officer shall add him as an applicant for partition.
Disallowance of Partition
If the revenue office deems fit that there are sufficient grounds for disallowance of partition, he may reject the application for partition and record the grounds for such rejection.
Procedure for Admission of Application
If the application is admitted the revenue officer shall ascertain the questions if any in dispute between any of the persons interested distinguishing between
(A) Question as to the title of the property
(B) Question as to the property to be divided
(A) Disposal of Questions As to the Title
Revenue Officer to decline to grant the Application for Partition:
When there is a question as to title in any property of which partition is sought the revenue officer may decline to grant the application for partition until the question has been determined by a competent court or he may himself proceed to determine the question as though he were such a court.
Party to file suit in the Civil Court:
Where the revenue officer does not himself proceed to determine the question of title as a civil court, he may, for reasons to be recorded by him on this behalf, require the party specified by him to file a suit in a civil court, within such period not exceeding ninety days from the date of his order as he may fix, for obtaining a decision regarding the question
Suspension of action by Revenue Officer:
In the filing of a civil suit by the party required so to do within the specified period the revenue officer shall suspend further action on the application for partition till the said civil suit is decided by the court and a copy of the court’s order is produced before him.
Failure to File Suit:
In case the party so required fails to file a suit within the specified period, the revenue officer may proceed with the partition and decide the question of title himself.
(B) Disposal of other Questions
Question Relating to the Division of the Property:
When there is a question as to the property to be divided or the mode of making a partition, the revenue officer shall, after such inquiry as he deems necessary. record an order stating his decision on the question and his reasons for the decision.
Appeal from an Order:
An appeal may be preferred from an order under sub-section 1 within thirty days from the date thereof, and when such an appeal is preferred and the institution thereof has been certified to the revenue officer by the authority to which the appeal has been preferred, the revenue officer shall stay further proceedings pending the disposal of the appeal.
Applicant Dissatisfied with the Order:
If an applicant for the partition is dissatisfied with an original or appellate order under this section and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his share, he shall be permitted to withdraw therefrom on such terms as the revenue officer thinks fit.
Circumstance when the Applicant withdraws from the Proceedings:
When an applicant withdraws under the provisions of sub. section (2), the revenue officer may, where the other applicants, if any, desire the continuance of the proceedings continue them in so far as they relate to the partition of the shares of those other applicants.
INSTRUMENT OF PARTTIION
When a partition is completed the revenue officer shall cause an instrument of partition to be prepared and the date on which the partition is to take effect to be recorded therein.
DELIVERY OF POSSESSION OF PROPERTY
An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties to the proceedings.
LIMITATION
A person to whom a share is allotted in a partition can apply to the Revenue Officer for the possession of the share allotted to him within three years from the date on which the partition is taken effect
CONCLUSION
It is concluded that Revenue Officer can entertain the application of partition of land by the joint owner. His power to decide questions of title is of discretionary nature Under Land Revenue Act there are some limitations and restrictions which have been imposed on partition. The procedure of partition is provided for the peaceful partition of the share.
FAQs
Who may apply for partition of joint holding? Discuss the procedure of partition. Also highlight the restrictions and limitations on partition in the light of recent amendments introduced in the Land Revenue Act, of 1967.
(2018-S)
Who may apply for partition of joint holding? Explain the restrictions and limitations, if any on the partition of land. What legislative safeguards have been provided to female heirs after sanctioning of mutation of inheritance?
(2017-S)
Who may apply for the partition of land? What restrictions and limitations have been imposed on the partition?
(2016-S)
What is the procedure for partitioning joint holding? Explain in detail with particular reference to the areas which are excluded from the purview of partition.
(2012-A)
Who may apply for partition of joint holding? Discuss restrictions imposed on the partition.
(2011-S)
