Generally landed property is hold by a single RT or multiple RTs in Odisha.Many a time,the recorded tenants want to get their shares recorded in their names. Sometimes,if the land is in the name of two or more brothers and there is no harmony among themselves, they face problems in reaping the benefits of different Government programs as the land is not divided among them. Furthermore, they even don't want to pay the land revenue as they consider the land to be a joint property and it is not the responsibility of an individual to pay the rent. So it is desirable that joint holdings should be partitioned among the co-shares for better land administration ultimately resulting in betterment of the land owners.
There are three ways in which Partition can be effected.
(1) Partition Suit, (2) Partition Deed, and (3) Partition on mutual agreement among the co-shares u/s 19(1)c of the OLR Act.
Let us discuss one by one for better understanding.
(1) Partition Suit
When there is a dispute regarding the share of each co-share and it cannot be decided amicably among them, they file Partition Suit in the Civil Court.So these cases are disputed in nature. The civil courts pass decree after hearing the parties concerned.It is expensive and time-consuming.A party has to wait at least more than two years to get the result. The poor and downtrodden citizens cannot afford this.
(2) Partition Deed
Here the co-shares decide the shares among themselves and get those registered in the form of a deed by the Registering officer. Though it is not time-consuming,it is expensive as the parties have to pay the registration fees.
(3) Partition u/s 19(1)c of OLR Act
This is the most simplest way of effecting partition among the co-shares.It is also less expensive.The basic requirement under this section is that there is mutual consent among the co-shares.
We will focus more on partition of land on mutual consent among the co-shares.It is pro-people legislation.Under this section,any co-share file an application for Partition mentioning the others as opposite parties.He needs to file a mutual partition deed(needs not be registered) along with trace map as per the possession to which they have consent.On receipt of such application,the Tahasildar registers a case and sends to the Revenue Inspector for field enquiry.The Revenue Inspector conducts field enquiry and submits his report to the Tahasildar.In turn,the Tahasildar issues notices to all the co-shares.He also invites objections from the general public.He hears the co-shares and if all agree,he allows the partition.If anyone of the co-shares doesn't agree,then the case cannot proceed further and it is rejected.
How to apply for partition of land online in Odisha ?
Partition of land can be applied online in Odisha as follows :
- Step- 1 : Visit the URL https://odisharevenueservices.nic.in. Click on the link Land "Record Services".
- Step-2: Click on the link “odisharevenueservices.nic.in”.
- Step-3 : Click on the link “Apply Partition of Land on Mutual Agreement U/s Sec 19(1)C of OLR Act”.Then provide the details like District Name,Tahasil Name,Village Name,Khata No.
- Step-4: Then enter the details of the 1st co-sharer.Here his/her name, Father/ Husband's name,village/Town name,District name,Address,Pincode and mobile Number are to be entered. All these field are mandatory. One can give his/her email address which is not mandatory. The 2nd,3rd and other co-sharers can be added in a similar way.
- Step-5: Upload the mutual /Family document. It is that document which is prepared on agreement of all the co-sharers. In common words,it is the non-official or family partition document that reveals the share of individual co-sharer. Then upload the Trace map of the land applied for partition. It is the map of the total land applied for partition describing the share of each co-sharer.
- Step-6 : Click the "submit" button. You will get your application number. Please note it down for future correspondence with the Tahasil office.
- Step- 7 :Now pay the requisite fee using your Debit card/Credit Card/Net banking.Check the amount you need to pay and click on "Make Payment".It will take you to the Treasury portal.Make the payment following the instruction on coming on your screen.Once the payment is successful,you will get Acknowledgement-cum-Payment Receipt.If the amount is deducted and receipt is not generated,one has to wait for 48 hours to get updation of the payment status The receipt can be generated using the transaction ID.
- On successful submission of the application,it will be visible to the Tahasildar. You will receive the case number of your application when the Tahasildar initiates the case after verifying your documents.
- The status of the case can be known in DWIST portal at http://dwistodisha.nic.in. Also read How to know the status of online mutation case in Odisha ? to know more as to how to check the status of a case.
What is the Fee one has to pay for an online partition application?
The following Table shows the fee structure for filing of online application for partition of land.
What is the time limit within which an application for partition is disposed off?
The time granted for disposal of an application u/s 19(1) c of OLR Act is 180 days excluding the holidays.The RoR (Patta) is delivered at the doorstep of the applicant through speed post.
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