Primary law, Tamil Nadu land law
The Partition of Revenue-Paying Estates Act, 1863
The Governor General of India in Council passed Act No. XIX of 1863, The Partition of Revenue-Paying Estates Act, 1863, with assent received on 10 March 1863, to govern partition of revenue-paying estates in the North-Western Provinces of the Presidency of Fort William in Bengal. The text states that the Act was affected by Acts No. XIV of 1870, No. XIX of 1873 and No. XVIII of 1876, and was repealed so far as it related to the North-Western Provinces and Oudh. The supplied text does not state that it applies to Tamil Nadu.
What the Act governs
The Partition of Revenue-Paying Estates Act, 1863 sets out a revenue authority process for dividing jointly held estates that pay revenue to government. It was enacted for the North-Western Provinces of the Presidency of Fort William in Bengal, not expressly for Tamil Nadu.
The text states that the Act was affected by later Acts and repealed so far as it related to the North-Western Provinces and Oudh. Tamil Nadu property buyers and owners should therefore not treat it as a stated source of Tamil Nadu land partition rights.
Who could seek partition
The Partition of Revenue-Paying Estates Act, 1863 entitled every recorded proprietor of a joint undivided revenue-paying estate, or a portion of it, to claim partition. Two or more proprietors could ask for their shares to be separated and retained together as a joint estate.
An application had to:
- Be made in writing to the Collector of the district.
- Be signed by the applicants.
- State the nature of the estate's tenure.
- Identify the co-sharers and their known shares.
- Describe the requested method of partition.
The Collector could reject an application that omitted these particulars.
Notice, objections and title disputes
The Partition of Revenue-Paying Estates Act, 1863 required the Collector to publish notice of a valid application at the Collector's office and at a conspicuous place on the estate. Recorded proprietors who had not joined the application were also to receive notice. Where service was impracticable, a proclamation could be displayed at specified conspicuous local places.
Key procedures included:
- A person in possession could object within the period stated in the notification.
- The Collector could refuse partition for a good and sufficient reason consistent with the Act, with reasons recorded.
- A title or proprietary-right dispute could be left for a competent court, or investigated by the Collector.
- A Collector's decision declaring parties' rights was treated as a first-instance civil court decision and was open to appeal.
- An appellate court could stay partition while deciding the appeal.
Conduct and cost of partition
The Partition of Revenue-Paying Estates Act, 1863 required further public notification before an approved partition proceeded. The Collector, or another Collector selected where an estate crossed districts or divisions, supervised the process.
The Collector fixed partition expenses, including measurement, survey, preparation of papers and necessary establishment costs. The arrangement of provisions also covers arbitration, compact allotments, revenue assessment, common lands, water facilities, places of worship, maps, appeals, and possible attachment and management of an estate during partition.
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Common questions
Does The Partition of Revenue-Paying Estates Act, 1863 apply to land in Tamil Nadu?
The supplied text does not state that it applies to Tamil Nadu. It describes legislation for the North-Western Provinces of the Presidency of Fort William in Bengal.
Who could apply for partition under Act No. XIX of 1863?
Every recorded proprietor of a joint undivided estate paying revenue to government, or of a portion of such an estate, could claim partition. The application had to be made in writing to the district Collector.
Could another co-owner object to the proposed partition?
Yes. The Collector had to give notice, and a party in possession could object within the allowed period. The Collector could refuse the application for a recorded good and sufficient reason consistent with the Act.
Who paid the survey and partition expenses?
The Collector fixed expenses for measurement, survey, preparation of papers and other necessary charges. Payment was governed by rules laid down by the Board of Revenue with the sanction of the Local Government.
