The Odisha Land Reforms Act 1960 PARTITION AMONG

The Odisha Land Reforms Act, 1960 PARTITION AMONG CO-SHARER RAIYATS (Section 19)

Partition among co-sharer raiyats (Section 19 of OLR Act, 1960) v S-19(1) Partition of a holding among co-sharers shall be valid if made by (a) registered instrument; (b) decree of a Court; (c) order of the Revenue Officer on mutual agreement; v S-19(6) A copy of the order along with the detailed list of lands allotted to each share shall be sent by the Revenue Officer to the Sub-Registrar for registration. v No charges for registration (both stamp duty and registration fee vide circular no. 9359 dated 15. 02. 1999) shall be paid v Any partition of a holding made on or after 1 st October, 1965, shall not be valid unless made in accordance the provision of Section 19, . But even if partition of land has been affected i accordance with the provision of section 19 it shall be void if it had been made between 26 th September 1970 and 2 nd October 1973 by a person how held on 26 th September 1970 land in excess of ceiling area.

Manner of Partition among co-sharer raiyats Rule 19 of OLR (General) Rules, 1965 v The application shall cite other co-sharer raiyats and the landlord as opposite-party. He will file petition stating details of land schedule, sketch map, share of each co-share holders. For each village, there should be separate application. v. One application for partition of holdings, if situated in the same village and if they belong to the same cosharer raiyats under the same landlord

v The application can be allowed only when all the cosharer raiyats give their consent to the partition applied for. v. If there is any difference of opinion among the cosharer raiyats, the application for partition shall be rejected. v. However, if an order under Section 11, 18 or 36 of Odisha Survey & Settlement Act, 1958 with regard to any area has been issued, Rule 19 shall not be applicable.