View All - 1977 Acts
Section No :  
Acts & Ordinances
PARTITION LAW
Marginal Notes
1. This Law may be cited as the Partition Law, No. 21 of 1977, and shall come into operation on such date (hereinafter referred to as the "appointed date") as the Minister may appoint by Order published in the Gazette.
2. Institution of partition action.
3. Appropriate court.
4. Requisites of plaint.
5. Necessary parties.
6. Application for registration of action as a lis pendens to be filed with plaint.
7. Failure to comply with provisions of section 4, 5 or 6
8. Procedure on acceptance of the plaint.
9. Failure to deposit estimated coats of preliminary survey.
10. Determination of actual costs of preliminary survey.
11. Registrar of Lands to report to court registration of partition action as a lis pendens.
12. Declaration by attorney-at-law and papers to be filed with such declaration.
13. Issue of summons.
14. Service of summons.
15. Public notice of institution of partition action.
16. Commission to survey land.
17. survey.
18. Return to surveyor's commission.
19. Statements of claims; disclosure of mortgages and leases ; disputes as to corpus.
20. Notice of partition action to persons disclosed.
21. Issue of copies of plaint and statements of claims to parties.
22. Failure to produce material documents of title at trial.
23. List of documents.
24. Calling case to fix date of trial.
25. Trial
26. interlocutory decree.
27. Commission for division of land into lots, or for sale or partition.
28. Form of commission.
29. Costs of commission
30. Execution of commission for partition.
31. Scheme of partition.
32. Return to commission.
33. Manner of partition.
34. Compensation and owelty.
35. Date for consideration of scheme of partition.
36. Final decree of partition.
37. Consideration of scheme for division of land into lots.
38. Valuation of land.
39. Conditions of sale, &c.
40. Notice of sale.
41. Sale.
42. Return to court.
43. Deposit of purchase money.
44. Objections to sale.
45. Confirmation of sale.
46. Certificate of sale.
47. Distribution and withdrawal of money to court.
48. Finality of Interlocutory and final decrees of partition.
49. Action for damage by person who is not a party to partition action.
50. Lease or mortgage of undivided share.
51. Registration of interlocutory decree, final decree and certificate of sale.
52. Delivery of possession of land to parties and purchasers.
53. Power of court to enforce it's decrees and orders and to deal with offences of contempt of court.
54. Rights of person owning plantation apart from soil.
55. Partition of land belonging to partnership.
56. Executors and administrators.
57. Recoverable costs.
58. Costs recoverable by attorney-at-law.
59. Costs of contest.
60. Costs of proving title of defaulting party.
61. One set of costs for parties jointly interested.
62. Security for costs for unreasonable delay.
63. Costs under sections 57 and 60 to be a charge on share of party.
64. Costs in cases not expressly provided for.
65. Default in paying costs and charges in previous action under this Law.
66. Sale, lease or mortgage pendente lite is void.
67. Appeals.
68. Proof of deeds.
69. Addition of parties.
70. Non prosecution of partition action.
71. Penalty for dishonest non-disclosure of interested persons.
72. Penalty for false return &c., by surveyor.
73. List of surveyors.
74. Exemption from stamp duty.
75. Dismissal of partition action.
76. Power of court to postpone, adjourn or to give extensions of time.
77. Service of process.
78. Powers and duties of Fiscal
79. Casus omissus.
80. Forms.
81. Representation of deceased party or co-owner.
82. Transitional provisions.
83. Interpretation.