Code of Civil Procedure, 1908

Sections 53 and 54 CPC: Liability of Ancestral Property and Partition of Estate

Sections 53 and 54 of the Code of Civil Procedure, 1908 deal with two distinct execution-related subjects. Section 53 addresses ancestral property in the hands of a son or other descendant for the purposes of Sections 50 and 52. Section 54 deals with partition of an undivided estate assessed to Government revenue, or separation of a share in such an estate.

At a glance: Section 53 treats certain ancestral property in the hands of a son or other descendant as property of the deceased that has come to the legal representative. Section 54 provides the machinery for partition or separation of shares in revenue-paying undivided estates, subject to the law in force and any applicable State amendment.

Official statutory source: View the Code of Civil Procedure, 1908 on India Code.

Section 53 CPC - 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 CPC - 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.

Karnataka State Amendment to Section 54

In Karnataka, Section 54 has been substituted so that where a decree is for partition of an undivided estate assessed to Government revenue, or for separate possession of a share in such an estate, the partition or separation is to be made by the Court in accordance with the law in force and, if necessary, on the report of a revenue officer not below the rank of Tahsildar or another person appointed by the Court as Commissioner for that purpose.

Source noted in the page: Karnataka Act 36 of 1998, Section 2.

Important: The Code of Civil Procedure is subject to State amendments and High Court rules. For any execution or partition proceeding, verify the text applicable in the relevant State or Union Territory and the procedural rules in force on the relevant date.