Section 216
Partition To Be Effected
(1) In partitioning a property in common,
a deed of partition shall be executed in writing between the
coparceners, subject to this Chapter.
(2) In effecting partition pursuant sub-section (1), partition
of property in common and debts in common shall be so made that
partition shares thereof are equal.
Explanation: For the purposes of his Chapter, the term
'debts in common' means any debts agreed to by the person acting
as the head of family or by all coparceners or borrowed by the
coparceners, who have attained the age of majority and live in the
undivided family and carry on household work, farming, trade or
any other work in various places or incurred in such transaction or
incurred in transaction carried on by the other persons, who have
attained the age of majority and live in the undivided family as to
which such persons have consented in writing.
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(3) Partition shall be effected by balancing both high value
and less value properties, with the consent of all the coparceners,
and failing such consent, by a lottery.
(4) If, in effecting partition, there arises a dispute on any
property, partition shall be effected after the settlement of the
dispute.
Provided that if it takes a long time for the settlement of such
a dispute, the property in dispute may be kept as undivided property
and the other properties may be partitioned.