Section 216: Partition to be effected

1) In partitioning a property in common, a deed of partition shall be executed in writing between the coparceners, subject to this Chapter.

2) In effecting partition pursuant to sub-section (1), partition of property in common and debts in common shall be so made that partition shares thereof are equal.

Explanation: For the purposes of his Chapter, the term “debts in common” means any debts agreed to by the person acting as the head of family or by all coparceners or borrowed by the coparceners, who have attained the age of majority and live in the undivided family and carry on household work, farming, trade or any other work in various places or incurred in such transaction or incurred in transaction carried on by the other persons, who have attained the age of majority and live in the undivided family as to which such persons have consented in writing.

3) Partition shall be effected by balancing both high-value and low-value properties, with the consent of all the coparceners, and failing such consent, by a lottery.

4) If, in effecting partition, there arises a dispute on any property, partition shall be effected after the settlement of the dispute.

Provided that if it takes a long time for the settlement of such a dispute, the property in dispute may be kept as undivided property, and the other properties may be partitioned.