The Partition Act, 1893

(1) This Act may be called the Partition Act, 1893. (2) It extends to the whole of India 1*** 2***. 3***** (4) But nothing herein contained shall be deemed to affect any local law providing for the partition of immoveable property paying revenue to Government.

Whenever in any suit forpartition in which, if instituted prior to the commencement of this Act, a decree for partition might havebeen made, it appears to the court that, by reason of the nature of the properly to which the suit relates, orof the number of the shareholders therein, or of any other special circumstance, a division of the propertycannot reasonably or conveniently be made, and that a sale of the property and distribution of theproceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request ofany 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.

(1) If, in any case in which the court is requestedunder the last foregoing section to direct a sale, any other shareholder applies for leave to buy at avaluation the share or shares of the party or parties asking for a sale, the court shall order a valuation ofthe share or shares in such manner as it may think fit and offer to sell the same to such shareholder at theprice so ascertained, and may give all necessary and proper directions in that behalf. (2) If two or more shareholders severally apply for leave to buy as provided in sub-section (1), thecourt shall order a sale of the share or shares to the shareholder who offers to pay the highest price abovethe valuation made by the court. (3) If no such shareholder is willing to buy such share or shares at the price so ascertained, theapplicant or applicants shall be liable to pay all costs of or incident to the application or applications.

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

In any suit for partition a request for sale may bemade or an undertaking, or application for leave, to buy may be given or made on behalf of any partyunder disability by any person authorised to act on behalf of such party in such suit, but the court shall notbe bound to comply with any such request, undertaking or application unless it is of opinion that the saleor purchase will be for the benefit of the party under such disability.