State Act

The Maharashtra Land Revenue Code, 1966

85. Partition.— (1) Subject to the provisions of the 1Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), a holding may be partitioned on the decree of a civil court or any application of co-holders in the manner hereinafter provided. (2) If in any holding there are more than one co-holder, any such co-holder may apply to the Collector for a partitions of his share in the holding : Provided that, where any question as to title is raised, no such partition shall be made until such question has been decided by a civil suit. (3) 2[The Collector] may, after hearing the co-holder divide the holding and apportion the assessment of the holding in accordance with the rules made by the State Government under this Code. 3[* * *] (5) Expenses properly incurred in making partition of a holding paying revenue to the State Government shall be recoverable as a revenue demand in such proportion as the Collector may think fit from the co-holders at whose request the partition is made, or from the persons in interest in the partition.