PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT, 2012

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THE PUNJAB PARTITION OF IMMOVABLE PROPERTY 
ACT 2012 
(IV of 2013) 
CONTENTS 
1. Short title, extent and commencement 
2. Limitation on scope 
3. Definitions 
4. Suit for partition of immovable property 
5. Appearance of defendants and consequence of non-appearance 
6. Written statement 
7. Mesne profits pending adjudication 
8. Question of title or share 
9. Appointment of referee for partition 
10. Internal auction 
11. Open auction 
12. Mesne profits 
13. Private settlement 
14. Time limit for disposal of the suit 
15. Application of Act V of 1908 
16. Instructions of High Court 
17. Repeal 
 
TEXT 
1
THE PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT 2012 
(IV of 2013) 
[5th January, 2013] 
An 
Act 
to amend and reform the law relating to partition of immovable property. 
Preamble.– Whereas it is expedient to amend and reform the law relating to 
expeditious partition of immovable property and to provide for ancillary matters; 
It is enacted as follows:– 
1. Short title, extent and commencement.– (1) This Act may be cited as the 
Punjab Partition of Immovable Property Act 2012. 
(2) It shall extend to whole of the Punjab. 
(3) It shall come into force at once. 
2. Limitation on scope.– Nothing contained in this Act shall be deemed to affect 
any law providing for the partition of agricultural land or land subservient to agriculture. 
3. Definitions.– (1) In this Act– 
(a) “Code” means the Code of Civil Procedure, 1908 (V of 1908); 
(b) “Court” means the Court of original civil jurisdiction competent to 
entertain and decide suits for partition of immovable property; 
(c) “immovable property” means an immovable property, other than 
agricultural land or land subservient to agriculture,  jointly owned by two 
or more persons; 
(d) “internal auction” means the auction of the immovable property amongst 
the co-owners of the property in which at least two co-owners are eligible to 
participate; and 
(e) “mesne profits” means the approximate rental benefit which the co -
owner in possession of the immovable property gains to the exclusion 
of any other co-owner during the pendency of the suit under the Act. 
(2) An expression used in the Act but not defined shall mean the same as in 
the Code. 
4. Suit for partition of immovable property.– An owner of immovable property may 
file a suit for partition of the property, giving details of the property, citing all other co-
owners as defendants  and attaching all the relevan t documents in his reach or 
possession. 
                                                 
1This Act was passed by the Punjab Assembly on 27 December 2012; assented to by the Governor of the Punjab on 3 rd  
January 2013; and published in the Punjab Gazette (Extraordinary), dated 5 January 2013, pages 1961-1965. 
5. Appearance of defendants and consequence of non -appearance.– (1) 
The Court shall issue notice to the defendants for appearance on a date , not later 
than ten days , through the process serv ing agency  and registered post or courier 
service and, where possible, also through electronic and telecommunication means. 
(2) Copies of the plaint and the documents annexed with the plaint shall be 
attached with the notice under subsection (1)  served through the process serving 
agency and sent by registered post or courier. 
(3) If a defendant fails to appear and the Court is satisfied that  the notice 
has not been served on the defendant or the defendant is willfully avoiding the 
service of the notice, the Court may direct service of the notice by– 
(i) affixing a copy of the notice at some conspicuous part of the residence 
of the defendant; or 
(ii) publication in the press, electronic media or any other mode. 
(4) If the defendant fails to appear on the date fixed and the Court is 
satisfied that the notice had been duly served, it may proceed ex-parte against such 
defendant. 
(5) If an ex-parte order is passed against a defendant, he may, within fifteen 
days from the date of knowledge, apply to the Court for setting aside the ex-parte 
order and shall submit along with the application the written statement and attach with 
such written statement copies of all the relevant documents in his reach or 
possession. 
(6) If the defendant submits the written statement and shows sufficient 
cause for his non appearance, the Court may set aside the ex-parte order on such 
terms as it may deem fit. 
6. Written statement .– (1) Subject to section 5, a defendant in a suit for 
partition of immovable property shall file the written statement within thirty days of his 
first appearance in the Court and shall attach with the written statement copies of all 
the relevant documents in his reach or possession. 
(2) If a defendant fails to file the written statement within the period 
mentioned in subsection (1) , the Court shall strike off his defence and in that event 
he shall not be entitled to lead any evidence. 
7. Mesne profits pending adjudication.– (1) On the first date of hearing  or as 
soon as thereafter , the Court may , pending adjudication of the suit,  direct the  co-
owner, in possession of the immovable property , to deposit , either on monthly or 
quarterly basis, such interim me sne profits in the Court as it may determine on 
account of share of a co-owner not in possession of the property. 
(2) If an order under sub section (1) is passed, the co -owner in possession 
of the property shall deposit the amount on or before the date fixed by the Court and, 
in the absence of any such order, on or before 15th of the month or the first month of 
the quarter for which the amount is due. 
(3) If the co-owner fails to deposit the amount under this section with in the 
time specified under subsection (2), the Court shall– 
(a) in case he is plaintiff, dismiss his suit; and 
(b) in case he is defendant, strike of f his defen ce and in that event, he  
shall not be entitled to lead any evidence. 
8. Question o f title or share .– (1) When there is a dispute as to the title or  
share in the immovable property, the Court shall decide such question before 
proceeding further in the suit under this Act. 
(2) The determination of a question of title or share of the immovable 
property by the Court u nder subsection (1) shall be deemed to be a decree in terms 
of the Code. 
9. Appointment of referee for partition .– (1) If all the co-owners agree in 
writing on partition of the immovable property through appointment of a referee, the 
Court shall appoint a referee for partition of the property  within such specified or 
extended time as the Court deems appropriate. 
(2) Subject to the restrictions imposed under any la w governing town 
planning, the referee shall decide whether the immovable property is partible and if 
so, the referee shall propose partition of the immovable property. 
2
[(3) * * * * * * * * * * *   ] 
(4) The referee may, with the written consent of two or more co-owners of the 
immovable property, combine the shares of such co-owners in the proposal of partition. 
(5) The Court shall affirm the proposal of the referee for partition of the 
immovable property through decree unless the Court is satisfied that t he proposal is 
in contravention of any law. 
(6) The Court may fix the fee of the referee to be paid by the co -owners 
according to their respective shares in the immovable property. 
10. Internal auction.– (1) If on the date fixed by the Court for th e purpose, the 
co-owners fail to submit written agreement about the  partition of the immovable 
property through appointment of a referee or the referee is o f opinion that the 
property is not partible or the Court finds that the proposal of the referee is in 
contravention of any law, the Court shall determine the reserve price of the 
immovable property and direct sale of the property through  internal auction on the 
next date of hearing. 
(2) The Court shall require the co -owners to be present in person or 
through their authorized agents on the date of internal auction. 
(3) The internal auction shall be conducted in the Court and the Court shall 
maintain record of internal auction which shall form part of the suit.  
(4) Any two or more co-owners of the immovable property may submit their 
written offers or counter written offers until one of them makes the highest written offer. 
(5) The Court shall declare the highest bidder as auction purchaser in 
internal auction and direct the auction purchaser to deposit the auction price within 
fifteen days of the auction  but the auction purchaser may deduct from the auction 
price to be deposited such amount as equals his share in the immovable property.  
                                                 
2Omitted by the Punjab Partition of Immovable Property (Amendment) Act 2015 (X of 2015) , w.e.f. 18.3.2015, s.2; and 
published in the Punjab Gazette (Extraordinary), page 3437. 
(6) If the auction purchaser deposits the auction price under subsection (5) 
within the prescribed time, the Court shall confirm the sale, put the auction purchaser 
in possession of the property  and distribute the auction price amongst the other co -
owners according to their respective shares. 
(7) If the auction purchaser fails to dep osit the auction price under 
subsection (5) within the prescribed time, the Court shall fix another date for internal 
auction but such auction purchaser shall not p articipate in the subsequent internal 
auctions. 
(8) The second or subsequent internal auctio n shall be held , as far as 
possible, in accordance with the procedure contain ed in this section for the first 
internal auction. 
11. Open auction .– (1) If the co -owners refuse to participate in the internal 
auction or only one co -owner shows his willingness to participate in such auction or 
the internal auction under section 10 has failed, the Court shall fix the reserve price 
of the immovable property and direct open auction of the property. 
(2) A co-owner of the immovable property may participate in  the op en 
auction of the property. 
(3) The Court shall appoint a court auctioneer for conducting the open 
auction and fix fee of the court auctioneer to be paid by the co -owners in proportion 
to their respective shares in the immovable property.  
(4) The c ourt au ctioneer shall submit in the Court an  auction plan in the 
form of a public notice which shall  include detailed specifications of the immovable 
property, the time, date and place of open auction, and the amount of bid security for 
participating in the open auction, and the Court may approve the auction plan with or 
without modification and direct its publication in such manner as it deems appropriate. 
(5) The court auctioneer shall conduct open auction under the auction plan 
approved and published by the Court and direct the highest bidder to deposit– 
(a) earnest money equal to twenty per cent of the bid price immediately on 
the close of bidding; and  
(b) the remaining amount of the bid price in the court within seven days. 
(6) The court auctioneer shall maintain the record of the auction 
proceedings and return the bid security to unsuccessful bidders but shall adjust the 
bid security of the highest bidder in the bid price. 
(7) The court auctioneer may, in an appropriate case, accept deposit 
under clause (a) of subsection (5) in the form of cash, crossed cheque, demand draft 
or banker’s cheque against a receipt. 
(8) The court auctioneer shall, immediately after conclusion the auction, 
deposit in the Court the auction price collected by him along with the auction report. 
(9) If the highest bidder deposits the auction price under subsection (5), the 
Court shall confirm the sale, put the highest bidder in possession of the property and 
distribute the auction price amongst the co-owners according to their respective shares. 
(10) If the highest bidder fails to deposit the auction price under subsection 
(5), the amount deposited by him shall stand forfeited and the immovable property 
shall be put to open auction again, as far as possible, in accordance with the 
procedure contained in this section. 
12. Mesne profits.– (1) Subject to sections 10 and 13, the Court may, at the time 
of final settlement, award mesne profits to a co -owner not in possession of the joint 
immovable property by deducting the same from the share of  the co -owner in 
possession of the property or by directing the co-owner in possession of the property 
to pay the same to the co-owner not in possession of the property. 
(2) The Court shall, while awarding mesne profits under subsection (1), 
take into account the interim mesne profits deposited under section 7. 
13. Private settlement.– (1) All the co-owners of the immovable property may, at 
any stage of the proceedings before the date of open auction of the property, submit 
a private settlement in the Court. 
(2) If the co-owners submit the private settlement under subsection (1), the 
Court shall pronounce judgment and decree in terms of the private settlement  and 
cancel the order of open auction if already passed. 
14. Time limit for disposal of the suit.– (1) The Court shall finally dispose of the 
suit under this Act within six months from the date of the institution of the suit, failing 
which, the Court shall submit the case to the District Judge , with cogent reasons,  
seeking extension of time for disposal of the suit.  
(2) The District Judge may , subject to such conditions as he deems 
appropriate to impose,  grant extension in time to dispose of the suit taking into 
consideration the facts and circumstances of the case. 
15. Application of Act V of 1908.– Subject to this Act, the provisions of the Code 
shall apply to any proceedings under this Act.  
16. Instructions of High Court .– The Lahore High Court may issue instructions 
necessary for purposes of the Act. 
17. Repeal.– (1) The Partition Act, 1893 (IV of 1893) is hereby repealed. 
(2) Notwithstanding the repeal of the Partition Act, 1893 (IV of 1893)  and 
without prejudice to any previous proceedings in a suit, the suit for partition of 
immovable property pending in any court under the repealed Act shall be proceeded 
with and decided by the Court in accordance with the provisions of this Act.