PDF viewer not loading? Download the PDF directly or view on Pakistan Code.
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
Page 1 of 4
THE PARTITION ACT, 1893
1
Act 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.
1
For 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.
2
Subs. by the Central Laws (Statute Reform) Ordinance, 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.
3
The 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.
Page 2 of 4
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)].
1
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and 2nd Sch.
2
Subs. ibid., for “Code of Civil Procedure.”.
Page 3 of 4
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.
___________
Date: 05-09-2024
Page 4 of 4
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
LexForm advocates handle matters under Partition Act across Pakistan, the UK, the EU, and the US.