Partition Act, 1893

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THE PARTITION ACT, 1893 
 
 
CONTENTS 
1.  Title, extents and saving 
2.  Power to Court to order sale instead of division in partition suits 
3.  Procedure when sharer undertakes to buy 
4.  Partition suit by transferee of share in dewelling house 
5.  Representation of parties under disability 
6.  Reserved bidding and bidding by shareholder 
7.  Procedure to be followed in case of sales 
8.  Orders for sale to be deemed decrees 
9.  Saving of power to order partly partition and partly sale.  
10.  Application of Act to pending suits 

 
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THE PARTITION ACT, 1893 
1Act No. IV OF 1893 
[9th March, 1893] 
An Act to amend the Law relating to Partition 
 WHEREAS it is expedient to amend the law relating to partition; 
 It is hereby enacted as follows :– 
 1. Title, extents and saving.___(1) This Act may be called the Partition Act, 1893; 
 2[(2) It extends to the whole of Pakistan]; * 
 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. 
 2. Power to Court to order sale instead of division in partition suits. 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 or the property 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. 
 3. Procedure when sharer undertakes to buy.___(1) If, in any case in which the Court is 
requested under the last foregoing section to direct a sale, any other shareholder applies for leave to 
buy at a valuation the share or shares of the party or parties asking for a sale, the Court shall order a 
valuation of the share or shares in such manner as it may think fit and offer to sell the same to such 
shareholder at the price 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), the Court shall order a sale of the share or shares to the shareholder who offers to pay the highest 
price above the valuation made by the Court. 
 (3) If no such shareholder is willing to buy such share or shares at the price so ascertained, 
the applicant or applicants shall be liable to pay all costs of or incident to the application or 
applications. 
 
1For Statement of Objects and Reasons, see Gaz. of India, 1892, Pt V. p. 46; for Report of the Select Committee, see ibid., 1893, Pt. V, p. 51 and for 
Proceeding in Council, see ibid., 1893, Pt VI, pp.38 and 49. 
2Subs. by the Central Laws (Statute Reform) O rdinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th october,1955), for the original 
sub-section (2), as amended by A.O., 1949. 
3The word “and” at the end of sub-section (2), and sub-section (3), rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 .and Sch. II. 
 
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 4. Partition suit by transferee of share in dewelling house.___(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 (1) 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. 
 5. Representation of parties under disability. In any suit for partition a request for sale may 
be made or an undertaking, or application for leave, to buy may be given or made on behalf of any 
party under disability by any person authorised to act on behalf of such party in such suit, but the 
Court shall not be bound to comply with any such request, undertaking or application unless it is of 
opinion that the sale or purchase will be for the benefit of the party under such disability. 
 6. Reserved bidding and bidding by shareholder.___ (1) Every sale under section 2 shall be 
subject to a reserved bidding, and the amount of, such bidding shall be fixed by the Court in such 
manner as it may think fit and may be varied from time to time. 
 (2) On any such sale any of the shareholders shall be at liberty to bid at the sale on such terms 
as to non-payment of deposit or as to setting off or accounting for the purchase-money or any part 
thereof instead of paying the same as to the Court may seem reasonable. 
 (3) If two or more persons, of whom one is a shareholder in the property, respectively 
advance the same sum at any bidding at such sale, such bidding shall be deemed to be the bidding of 
the shareholder. 
 7. Procedure to be followed in case of sales. Save as hereinbefore provided, when any 
property is directed to be sold under this Act, the following procedure shall, as far as practicable, be 
adopted, namely :- 
 1* * * * * * * 
(b)  if the property be sold under a decree or order of any other Court, such 
procedure as the High Court may from time to time by rules prescribe in this 
behalf, and until such rules are made, the procedure prescribed in the 2[Code 
of Civil Procedure, 1908 (Act V of 1908)] in respect of sales in execution of 
decrees. 
 8. Orders for sale to be deemed decrees. Any order for sale made by the Court under 
section 2, 3 or 4 shall be deemed to be a decree within the meaning of section 2 of the 2[Code of 
Civil Procedure, 1908 (Act V of 1908)]. 
  
1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and 2nd Sch. 
2Subs. ibid., for “Code of Civil Procedure.”. 
  
 
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 9. 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. 
 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. 
 
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Date: 05-09-2024