Orissa Land Reforms Act,1960.

Advocate Orissa High Court Cuttack.

How and in what manner "partition" amongst co-sharers is to be effected under the Orissa Land Reforms Act,1960?

 
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Advocate

partition amongest the co-sharers can be effected through the help of 19 C of the OLR Act.

 
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Service

I agree with the opinion of Mr V V Ramdas, Advocate. Subsequent registration can be done as per Indian Registration Act.

 
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Lawyer

While agreeing with Mr. Ramdas and Mr. Bose, I would like to appraise the section 19 of the Orissa Land Reforms Act in detail.

 

Section19 of the Orissa Land Reform Act : Partition among the co-sharer raiyats how to be effected – (1) No partition of a holding among co-sharer raiyats shall be valid unless made by –

( a ) a registered instrument ; or

 

( b ) a decree of a Court ; or

 

( c ) an order of the Revenue Officer in the manner prescribed, on mutual agreement.

 

( 2 ) When the partition is effected as provided in clause ( a ) of Sub-Section (1 ), the Registering Officer shall not admit for registration any instrument unless it is accompanied by a notice in the prescribed form with the prescribed particulars and the fee prescribed for service of such notice.

 

( 3 ) The notice referred to in the preceding sub-section shall be transmitted to the Revenue Officer who shall cause it to be served on the landlord or his agent named in the notice in the manner prescribed. He shall also cause a copy of the notice to be transmitted to the authority competent to maintain the record-of-right.

 

( 4 ) When the partition is effected as provided in clause ( b ) of sub-section (1 ), the Court passing the final Decree for partition shall send to the Revenue Officer in the prescribed form and in the prescribed manner a detailed list of the lands allotted to each share.

 

( 5 ) The Revenue Officer shall send a copy of the list as aforesaid to the authority competent to maintain the record-of-rights and to the landlord, where rent of the land is not payable to Government directly.

 

( 6 ) When partition is effected in the manner provided in clause ( c ) of            sub-section ( 1 ), the Revenue Officer shall send to the landlord where rent is not payable directly to the Government and to the authority competent to maintain the record-of-rights in the prescribed form a detailed list of lands allotted to each share. A copy of the order along with the detailed list shall be sent by the Revenue Officer for registration under the Indian Registration Act to the          Sub-Registrar having jurisdiction :

 

Provided that no registration charges for such registration shall be payable.

 

Debasish Hota

 

 
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