Section85
PARTITION OF LAND ALONGWITH ITS RULES
85. Bom LXII of 1947.
PARTITION
1. Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, a holding may be partitioned on the decree of a civil court or an application of co-holders in the manner hereinafter provided.
2. If in any holding there are more than one co-holder, any such co-holder may apply to the Collector for a partition of his share in the holding:
Provided that, where any question as to title is raised, no such partition shall be made until such question has been decided by a civil suit.
3. [The Collector] may, after hearing the co-holder divide the holding and apportion the assessment of the holding in accordance with the rules made by the State Government under this Code.
4. Expenses properly incurred in making partition of a holding paying revenue to the State Government shall be recoverable as a revenue demand in such proportion as the Collector may think fit from the co-holders at whose request the partition is made, or from the persons interested in the partition.
86. DIVISION OF SURVEY NUMBERS INTO NEW SURVEY NUMBERS.
Where any portion of cultivable land is permitted to be used under the provisions of this Code for any non-agricultural purpose or when any portion of land is specially assigned under section 22, or when any assessment is altered or levied or any portion of land under sub-section (2) or sub-section (3) of section 67, such portion may, with the sanction of the Collector, be made into a separate survey number at any time, the provisions of section 82, notwithstanding.
87. DIVISION OF SURVEY NUMBERS INTO SUB-DIVISIONS.
Bom LXII of 1947.
1. Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947
a. survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of the acquisition of rights in land or for any other reason;
b. the division of survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with the rules made by the State Government in this behalf:
Provided that, the total amount of the assessment of any survey number or sub-division shall not be enhanced during any term for which such assessment may have been fixed under the provisions of this Code, unless such assessment is liable to alteration under section 67;
c. the area and assessment of such sub-divisions shall be entered in such land records as the State Government may prescribe in this behalf.
(1) Where a holding consists of several Khasra numbers in any area in the State, the Settlement Officer shall assess the land revenue payable for each Khasra number and record them as separate survey numbers.
THE
RULES, 1967*
In the exercise of the powers conferred by Claus (xxx) of sub-section (2) of Section 328 of the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966), and in super session of all previous rules made in this behalf and continued in force by virtue of third proviso to Section 336 of the said Code, the government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 329 of the said Code, namely:-
1. Short title: - These rules may be called the Maharashtra Land Revenue (Partition of Holdings) Rules, 1967.
2. Application for partition:-
1) An application by a co-holder for partition of his share in a holding under sub-section(1) of Section 85 shall contain the following particulars:-
i. the area of each field constituting the holding and its survey number and Hissa number recorded in the record of rights;
ii. the tenure of the holding, whether/alienated or unalientated, and in case of an unalienated holding, whether held as occupant Class I, Class II or government lessee;
iii. the land revenue of holding;
iv. The names and addresses of the co-holder and the extent of their shares.
2) The application shall be accompanied by a copy of entries in the record of rights.
3. Issue of notice and proclamation:-
1) On receipt of the application, the Collector shall hear the applicant in person on any day of which due notice shall be given to the applicant or on any day to which hearing may be adjourned; and if after hearing the applicant, it appears to him that the case does not fall under Rule 10, he shall cause to be served in accordance with the provisions of Section 230, a notice in Form ‘A’ appended to these rules on all the other co-holders requiring them to appear before him and state their objections if any, on a day to be specified in the notice which shall not be, less than thirty or more than sixty days from 1[ the date of the receipt of the notice by each such co-holder]
2) The Collector shall also cause proclamation in Form ‘B’ appended to these rules, to be published. A copy of such proclamation shall be posted at the headquarters of the Taluka, and in the village in which the holding is situated; and if necessary, to the Co-operative Bank or the Land Development Bank or both operating within the area in which the holding is situated.
4. Power of Collector to reject application for partition-
If after hearing the applicant the co-holders and any other persons who appear, the Collector is of opinion that the applicant has no interest in the holding in respect of which the application is made, or the applicant’s title to the holding is disputed he shall reject the application and where the applicant’s title to the holding is disputed, direct the applicant to get the question of his title thereto decided by a Civil Court.]
5. Mode of effecting partition-
If the Collector does not reject the application, he shall proceed to effect the partition either personally or through such agency as he may appoint. So far as practicable, whole survey numbers or sub-division of survey numbers shall be allotted and recourse to further division as far as possible, be allotted to each party and care should be taken to ensure that the productivity of the area allotted to each party is in proportion to his share in the holding.
6. Apportionment of assessment-
The assessment of the holding shall be distributed in proportion to the shares held, in the holding by the co-
holders, so however that when the total assessment of all sub-divisions of any survey number in such holding falls short of, or exceeds, the whole assessment of that survey number, the difference shall be equitably distributed over the sub-divisions by addition or deduction in the assessment so as to make the total equal to the assessment of the parent survey number.
7. Procedure before confirmation of partition-
After the partition has been completed, the Collector shall hear any objections which the parties may Make, and shall either amend or confirm the partition. The partition shall take effect from the commencement of the agricultural year next following the date of such amendment or confirmation of the partition.
8. Recovery of expenses of partition-
Expenses of partition shall be recoverable by the Collector from the parties in the manner provided in sub-section (5) of Section 85.
9. Partition under decree of
When any holding is ordered to be partitioned under decree or order of a
10. Saving-
No holding shall be partitioned under the provisions of these rules, if such partition results in creating a holding less in extent than the standard area determined by the State government under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.
FORM ‘A’
[See Rule 3]
Notice
Son of…………………resident of village…………….taluka………District............
Whereas………..son of……….. Co-holder of the holding specified below in village
…………………taluka……….district………….has applied for partition of his share in the said holding;
And whereas it is proposed to partition the said holding, and the date of hearing has been fixed for…………..19, at……………O’clock at
You are hereby informed that you should appear either personally or through a legal practitioner or recognized agent on the date fixed and state your objections, if any;
In the event of your failure so to appear and state your objections, it will be assumed that you have no objection to the said partition.
Survey No. /Hissa No | Area | Land Revenue |
Seal]
Collector
Dated……….
FORM ‘B’
[See Rule 31]
Whereas…………….son of…………………co-holder of the holding specified below in village…………….taluka…………..district……………….has applied for partition of his share in the said holding;
And whereas it is proposed to partition the said holding, and the date of hearing the application has been fixed for…………….19, at…………..O’clock at
In the event of failure so to appear and state the objections on the date and the place mentioned above, no objections will be considered.
Survey No. /Hissa No | Area | Land Revenue |
Seal]
Collector
Dated……….