The Partition Act, 1977
(Act No. 30 of Svt. 1977)
The Act extends to the whole of Jammu and Kashmir State and came into force on the 1st day of Baisakh, 1978 (by Act IV of 1977).4. Partition suit by transferee of share in dwelling house. - (i) Where a share of a dwelling house belonging to an undivided family has been transferred to 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 share of such transferee, make a valuation of such share in such manner as it thinks lit 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 shareholders severally undertake to buy such share, the Court shall follow the procedure prescribed by sub-section (2) of the last forgoing 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 shareholders. - (1) Every sale under section 2 shall be subject to it reserved bidding, and the amount of such bidding shall be fixed by the Court in such manner as it may think lit 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 shareholders 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 herein before provided. w hen any property is directed to be sold under this Act. the following procedure shall, as far as practicable, be adopted, namely : 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 Code of Civil Procedure in respect of sales in execution of decrees. 8. Orders for sale to be deemed decrees. - Any order for sale made In Court under section 2.3 or 4 shall he deemed to be a decree within the meaning of section 2 of the Code of Civil Procedure. 9. Saving of powers to order partly partition and partly sale. - In any suit for partition the Court may. it shall think fit. make a decree for partition or 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.