Partition Act, 1893

The Partition Act, 1893 amends the general law on dividing co-owned property when it goes to court, mainly by giving courts the power to order a sale instead of a physical division when division isn't practical. Section 1 confirms it applies across Pakistan but does not override local laws on partitioning revenue-paying land. Section 2 is the core provision: in a partition suit, if the court finds that dividing the property isn't reasonable or convenient (due to the property's nature, the number of shareholders, or other special circumstances), and a sale followed by splitting the proceeds would better serve all shareholders, the court can order a sale instead -- but only on the request of shareholders holding at least half the interest.

Section 3 lets a shareholder who wants to keep the property buy out the others at a court-determined valuation instead of a public sale; if multiple shareholders want to buy, the court sells to whoever offers the highest price above valuation. Section 4 gives a similar buy-out right specifically when an outsider (not a family member) has acquired a share in a family dwelling house and sues for partition -- any family member shareholder can force a sale of that outsider's share to themselves at a court-set valuation.

Section 5 protects parties under legal disability (e.g. minors) by requiring the court to be satisfied a sale or purchase actually benefits them before approving it. Sections 6 and 7 govern the mechanics of court-ordered sales -- reserved bidding, the right of shareholders to bid, and the procedure to follow (falling back to Civil Procedure Code execution-sale rules where no specific rules exist). Section 8 treats a sale order as equivalent to a court decree, and Section 9 allows the court to order the property partly divided and partly sold. Section 10 makes the Act apply even to partition suits that were already pending when it came into force, so long as no partition scheme had been finally approved.

This is an old 1893 law, still in force with only minor amendments (the extract shows a couple of "Subs. by" changes updating terminology), and works alongside the Code of Civil Procedure, 1908 for the mechanics of any court-ordered sale.