What is partition? Ans. Partition is either perfect or imperfect. Perfect partition means division of a revenue paying estate in to two or more such estates, each separately liable for revenue assessed there on. Imperfect partition means the division of a revenue paying estate in to two or more portions jointly liable for the revenue assessed there on the entire estate.
Who is entitled to partition ? Ans. Every recorded proprietor of a permanent y settled estate and every recorded land holder of a temporarily settled estate may, if he is in actual possession of the interest in respect of which he desires partition, claim perfect or imperfect partition of the estate.
What are the types of partition? Ans. There are two types of partition:- Office partition and Field partition.
What is office partition? Ans. Office partition is normally done in Circle office through office procedures.
U/S 98 of Assam Land Revenue Regulation 1886, application for perfect partition is presented to Circle Officer.
U/S 99 of Assam Land Revenue Regulation 1886, Circle officer issues notices to concerned recorded proprietor or land holders requiring any of them in possession who may object to partition and file objection within the stipulated period.
U/S 102 of Assam Land Revenue Regulation 1886, Circle officer effects partition after objections (if any) have been disposed of.
What is field partition ? Ans. As per rule 214 of ALRM Circle officer may give effect to undisputed cases of partition the survey of which has already been carried out by the Lot Mandal after taking consent of co pattadars.
How many ways undisputed cases of partition can be effected ? Ans. This can be effected in two ways, either by a) transferring a dag or dags from one patta to another with the consent of parties or b) issuing a new patta where ther are no patta to which partitioned dag or dags can be added.
Which are the Acts/ rules we find provision for partition ? Ans. Section 98, 99, and 102, of Assam Land Revenue Regulation 1886 and Rule 211 of Assam Land Records Manual 1906 prescribe the procedures of partition.The applicant has to furnish along with the application up-to-date land revenue payment receipt.
Is there any standard format for application of partition ? Ans. There is no any standard format for application of mutation .An applicant can apply in a plain paper affixing court fee with required documents in the office of the Circle office for partition.
What are the necessary documents /information required to be furnished along with application for partition? Ans.The following documents/information are required:-
Details schedule of the land with area under possession and interest thereof in respect of which the applicant desires partition.
Consent of co pattadars.
Up to date land revenue receipt.
User fee Rs 1000 for urban area & Rs 100.00 for rural area.
Where and how the application can be submitted ? Ans. Application for office partition is to be filed in the Circle office. Citizen may either apply to Lot Mandal or Circle Officer for field partition. Moreover, citizen can apply partition on line through ILRMS (Integrated Land Records Management System), Revenue and Disaster Management Department, Govt of Assam after the Citizen Centric Service is commissioned.
What is the timeframe for disposal of partition? Ans. Disposal time for undisputed office partition is 3 months from the date of registration. Although there is no timeframe for field partition ,but it should be disposed of immediately after application is received..
Under what Act the time frame is fixed ? Ans. The time frame is fixed under Assam Right to Public Service Act,2012.
What is the fee for partition ? Ans. User fee for office partition is Rs 200 for Urban areas and Rs 100.00 for rural areas. No user fee has been fixed for field partition so far.
Whether the fees for partition can be deposited on line ? Ans. User fee can be deposited on line through payment gateway.
Whether any appeal against a partition order can be filed? Ans. Appeal can be filed against any partition order passed by revenue officer. In case of field mutation a Circle Officer can review his order U/S of 53(A) 2 of Assam Land Revenue Regulation 1886.
Who are the appellate authorities? Ans. Appeals shall lie under Section 147 of ALRR1886 as follows
to the Board of Revenue from orders, original or appellate passed by a Deputy Commissioner,Settlement officer.
to the Deputy Commissioner, from order passed by Circle Officer.
Is there any limitation of appeal ? Ans.
No appeal under section 147,clause ( a) shall lie after expiration of 2 months from the date of order appealed against.
No appeal under section 147,clause ( b), shall lie after expiration of thirty days from the date of order appealed against.
.what are the pre conditions for obtaining partition ? Ans . Title, possession and consent of co pattadars.
Whether any consent of co pattadars is required. Ans. Yes, consent of co pattadar is must.
Whether any provision for getting information about any action required to be taken by an applicant during the process of partition ? Ans.Yes, there is provision for sending alert messages to a applicant at various important stages of mutation process.