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PARTITION ACT 1876

PARTITION ACT 1876 - LONG TITLE

An Act to amend the Partition Act, 1868.
[27th June 1876]
Short title.

PARTITION ACT 1876 - SECT 1

1. This Act may be cited as the Partition Act, 1876, and shall be
read as one with the Partition Act, 1868.

PARTITION ACT 1876 - SECT 2
Interpretation.

2. ... the term "judgment" includes ... order.

PARTITION ACT 1876 - SECT 3
Power to dispense with service of notice of decree or order in
special cases.

3. Where in an action for partition it appears to the court that
notice of the judgment on the hearing of the cause cannot be
served on all the persons on whom that notice is by the Partition
Act, 1868, required to be served, or cannot be so served without
expense disproportionate to the value of the property to which the
action relates, the court may, if it thinks fit, on the request of
any of the parties interested in the property, and notwithstanding
the dissent or disability of any others of them, by order, dispense
with that service on any person or class of persons specified in
the order, and, instead thereof, may direct advertisements to be
published at such times and in such manner as the court shall
think fit, calling upon all persons claiming to be interested in
such property who have not been so served to come in and establish
their respective claims in respect thereof before the Judge in
Chambers within a time to be thereby limited. After the expiration
of the time so limited all persons who shall not have so come in
and established such claims, whether they are within or without the
jurisdiction of the court (including persons under any disability),
shall be bound by the proceedings in the action as if on the day
of the date of the order dispensing with service they had been
served with notice of the judgement, service whereof is dispensed
with; and thereupon the powers of the court under the Trustee Act,
1850, shall extend to their interests in the property to which the
action relates as if they had been parties to the action; and the
court may thereupon, if it shall think fit, direct a sale of the
property and give all necessary or proper consequential directions.

PARTITION ACT 1876 - SECT 4
Proceedings where service is dispensed with.

4. Where an order is made under this Act dispensing with service
of notice on any person or class of persons, and property is sold
by order of the court, the following provisions shall have effect:

(1)The proceeds of sale shall be paid into court to abide the
further order of the court:

(2)The court shall, by order, fix a time, at the expiration of
which the proceeds will be distributed, and may from time to time,
by further order, extend that time:

(3)The court shall direct such notices to be given by advertisements
or otherwise as it thinks best adapted for notifying to any persons
on whom service is dispensed with, who may not have previously come
in and established their claims, the fact of the sale, the time of
the intended distribution, and the time within which a claim to
participate in the proceeds must be made:

(4)If at the expiration of the time so fixed or extended the
interests of all the persons interested have been ascertained, the
court shall distribute the proceeds in accordance with the rights of
those persons:

(5)If at the expiration of the time so fixed or extended the
interests of all the persons interested have not been ascertained,
and it appears to the court that they cannot be ascertained or
cannot be ascertained without expense disproportionate to the value
of the property or of the unascertained interests, the court shall
distribute the proceeds in such manner as appears to the court to
be most in accordance with the rights of the persons whose claims
to participate in the proceeds have been established, whether all
those persons are or are not before the court, and with such
reservations (if any) as to the court may seem fit in favour of
any other persons (whether ascertained or not) who may appear from
the evidence before the court to have any prima8 facie rights which
ought to be so provided for, although such rights may not have
been fully established, but to the exclusion of all other persons;
and thereupon all such other persons shall by virtue of this Act
be excluded from participation in those proceeds on the distribution
thereof; but notwithstanding the distribution any excluded person may
recover from any participating person any portion received by him of
the share of the excluded person.

PARTITION ACT 1876 - SECT 5
Provision for case of successive sales in same action.

5. Where in an action for partition two or more sales are made,
if any person who has by virtue of this Act been excluded from
participation in the proceeds of any of those sales establishes his
claim to participate in the proceeds of a subsequent sale, the
shares of the other persons interested in the proceeds of the
subsequent sale shall abate to the extent (if any) to which they
were increased by the non-participation of the excluded person in
the proceeds of the previous sale, and shall to that extent be
applied in or towards payment to that person of the share to which
he would have been entitled in the proceeds of the previous sale
if his claim thereto had been established in due time.

PARTITION ACT 1876 - SECT 6
Request by person under disability.

6. In an action for partition a request for sale may be made or
an undertaking to purchase given on the part of a ..., infant,
person of unsound mind, or person under any other disability, by
the ..., guardian, committee in lunacy (if so authorised by order
in lunacy), or other persons authorised to act on behalf of the
person under such disability, but the court shall not be bound to
comply with any such request or undertaking on the part of an
infant unless it appear that the sale or purchase will be for his
benefit.

PARTITION ACT 1876 - SECT 7
Meaning of action for partition.

7. For the purposes of the Partition Act, 1868, and of this Act,
an action for partition shall include an action for sale and
distribution of the proceeds, and in an action for partition it
shall be sufficient to claim a sale and distribution of the
proceeds, and it shall not be necessary to claim a partition.