EPHCPF 16A — Power to make provisions in the scheme to partition joint land and joint occupancy tenancies

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948

Statutory text

[16A. Power to make provisions in the scheme to partition joint land and joint occupancy tenancies. - (1) Notwithstanding anything contained in Chapter IX of the Punjab Land Revenue Act, 1887, except section 117 thereof, the scheme prepared by the Consolidation Officer may provide for the partition of land between joint-owners of land, or between joint tenants of a tenancy in which a right of occupancy subsists, in accordance with the share of each owner or tenant in the land or tenancy, as the case may be, if - (a) such share is recorded under Chapter IV of that Act as belonging to him, or (b) the right of such owner or tenant to such share has been established by a decree which is still subsisting at the time of preparing the scheme, or (c) a written acknowledgement of such right has been executed by all persons interested in the admission or denial thereof.

(2) When the scheme is [-] confirmed under section 20, the land so partitioned shall, notwithstanding anything to the contrary contained in any law for the time being in force, be held by each such owner or tenant in full right of ownership or tenancy, as the case may be, and the rights of other joint-owners or joint tenants, in the land shall be deemed to be extinguished].

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