Section 229: Partition of pledged or mortgaged property

1) If a coparcener is found to have pledged or mortgaged a property that is liable to partition, the court shall, if all the coparceners so agree, effect partition of the property by causing the property to be released from, or on the condition of having an obligation to release it from, the property in common.

2) If all the coparceners do not agree pursuant to sub-section (1) and the court finds that the person acting as the head of family has pledged or mortgaged the property or that the other persons having attained majority living in the undivided family have, taking signature and thumb-impression also of the person acting as the head of family, pledged or mortgaged it, the court shall effect partition of the property by causing the property to be released from, or on the condition of having an obligation to release it from, the property in common.

3) Save in the cases referred to in sub-section (1) or (2), if a coparcener is found to have pledged or mortgaged a property liable to partition, the court shall effect partition by causing the property to be released from, or on the condition of having an obligation to release it from, the property falling in his or her partition share.