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Section 241
Procedure for allocating fractions
(1) If the parties are on the date according to section 235 in the process of partition according to the judgment, the court shall divide the partition within six months.
(2) If a decision is made to allocate shares to more than one party, if no party appears, the court shall send a fifteen-day deadline in the form of schedule-26 to the name of the party to appear.
(3) If the concerned parties appear within the time limit as per sub-section (2), the court shall keep all the parties and separate the shares.
(4) If all the parties entitled to a share do not appear within the time limit as per sub-section (2), the court shall separate the share of the party who does not appear from the share of the party who appears.
(5) A person who does not appear within the time limit when the banda has been separated according to sub-section (4) shall not be entitled to complain about the banda or whether it is good, bad or bad.
(6) If it is necessary to separate the portion of the door, the court shall send an employee to separate the portion.
(7) In the process of dividing the bond according to this section, the person who gives a share according to the judgment or who is in charge of the property according to Fantwari, his representative or any other person who has reached the age of single family must show the property to be divided according to Fantwari.
(8) If the person giving the share or the trustee cannot be found, or if the person who has reached the age of one household cannot show all the assets according to Fantwari, the time given to the person giving the share and the trustee to appear in the court within fifteen days in addition to the period of the bond shall be given in the format according to Schedule-27.
(9) If the person giving the share or the person in charge of the property does not appear in the court within the time limit as per sub-section (8) or if the person who is present does not show the property to be distributed, if the court has closed any property with a member or representative of the local level and at least two witnesses, then the property should be opened and distributed according to Fantwari. will fall.
(1o) If the parties do not appear within the time limit specified in sub-section (2) or (8), within three days of the expiry of such time limit, the court shall initiate the process of dividing the parties according to the judgment.
(11) If a party appears in the court after the deadline given under sub-section (8) and if the work of partition is not completed during that time, the court shall also keep him and divide the share according to the rules.
(12) At the time of sale, if all the property according to Fantwari is not in good condition, the part of the property should be maintained and the part giver should be asked to pay from the part of the property custodian. If the share is not received even after making such an inquiry, the person who will receive the share from the other property of such person will have to pay the amount due to the failure.
(13) If the person who gets a share or the person who has reached the age of separation does not understand his share, if there is any property that goes to Rasdigli, the court shall sell such property by auction. If the amount received from the auction sale is collected later, the court shall deduct ten percent of the amount and return the remaining amount to him.
(14) If the property to be partitioned due to multiple shares cannot be enjoyed equally by all the shareholders during partition, or if such property is changed into a house, land or tangible property and cannot be used during partition, if any value is fixed by agreement between the shareholders of such property, if there is no agreement on such price and price, It will be divided in such a way that it can be taken by any part of the price.
(15) If more than one shareholder wants to take the price fixed according to sub-section (14), it will be divided in such a way that it can be taken by the determined sharers from the sphere system.
(16) If it is not possible to divide according to sub-section (14) or (15), besides the parties to the case, other persons also participate in the auction, and the amount obtained from it should be divided among the shareholders according to the judgment.
(17) If no agreement can be reached between the people who have a share in the property to be partitioned, the court shall divide such property by mutual agreement.
(18) If a person does not show or register the property under his responsibility as mentioned in the Fantwari, one hundred and five percent of the property not shown or not registered shall be levied.It should not be done.
(19) In a case where the defendant is entitled to a share, if the other defendant also applies to receive his share, the court fee charged according to the law shall be charged and the share of the property determined by the judgment shall be given to the defendant.
(20) If the immovable property to be partitioned according to this section is in another district, the court shall also send a written notice to the relevant court to partition such property.
(21) If written in accordance with sub-section (20), the relevant court shall also inform such court of the partition of such property in accordance with this section.
(22) If a case is under consideration in the court or the judgment in such a case has not been executed, if someone transfers the property to be partitioned, or if a new partition is added or the partition is reduced, it is not necessary to file a petition again for that purpose, and in such a case, if an application is made to the court, the partial partition should be separated after examining the truth of such application. .
(23) In case of partial distribution according to this section, the tax will be levied at the rate of 2.5% of the divided property.