SECTION 53, 54 OF CODE OF CIVIL PROCEDURE 1908

What is Liability of ancestral property? What is Partition of estate or separation of share? Section 53 and 54 of Code of Civil Procedure 1908

Liability of ancestral property and Partition of estate or separation of share are defined under Section 53 and 54 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 53 of Code of Civil Procedure 1908 "Liability of ancestral property"

For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.

 

Section 54 of Code of Civil Procedure 1908 "Partition of estate or separation of share"

Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates.

STATE AMENDMENTS
Karnataka.-
For Section 54, the following Section shall be substituted, namely.-

"54. Partition of estate or separation of share.-Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be made by the Court in accordance with the law if any, for the time being in force relating to the partition or the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf."
[Vide Karnataka Act 36 of 1998, sec. 2.]