14. [Partition of plot of land among co-sharers of a raiyat in plot of land.] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.]
(1) Partition of a 1 [plot of land] among [co-sharers of a raiyat owning it] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] shall be made either by(a)a registered instrument; or(b)a decree or order of a Court.(2)When partition is effected by an instrument, the registering officer shall not accept for registration any such instrument unless there is tendered along with it a notice, giving the particulars of the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] and the area of each share, and such process fee as may be prescribed, for transmission to the prescribed authority.(3)If as a result of partition one or more shares comprise an area less than the standard area(a)the prescribed authority in a case where partition is effected by a registered instrument, or(b)the Court passing the decree or order for partition, shall recast the shares, excluding the homesteads of the co-sharers, so that no share is less than the standard area, and sell such shares, or when the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] comprises an area which cannot be partitioned into two or more shares, each comprising not less than the standard area, sell the entire [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] to the highest bidder or bidders among the co-sharers, or failing them to other persons, and the sale proceeds shall, after deducting the expenses for conducting the sale, be paid to the co-sharers in accordance with their shares in the 1[plot of land] partitioned, excluding the homesteads.(4)If the [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] or any share or shares thereof cannot be sold as aforesaid, the prescribed authority or the Court shall report the case to the State Government and the State Government shall, by order made in this behalf, take over such [plot of land] [Substituted by Act 31 of 2000, w.r.e.f. 7.8.1969.] or share or shares and shall place at the disposal of the prescribed authority or the Court, as the case may be, the market value thereof for payment to the co-sharers in the manner indicated in sub-section (3).(5)For the purpose of preventing fragmentation of 1[plot of lands] as a result of partition to the State Government may by order made in this behalf specify an area, which in its opinion is the minimum unit for effect [utilisation] [Substituted by West Bengal Land Reforms Act No. 50 of 1981, w.r.e.f. 7.8.1969, for cultivation.] in the interest of [xxx] [Omitted the word "agricultural" by ibid.] production [or in the public interest] [Inserted by ibid.] as the standard area, and different standard areas may be specified for different localities or for different classes of land.(6)[ Notwithstanding anything contained in any other law for the time being in force or in any agreement or any custom or usage or any decree, judgment or award of any court, no partition amongst [co-sharers of a raiyat in a plot of land] [Inserted by ibid.] and coparceners of a Hindu undivided family governed or claiming to be governed by the Mitakshara School of Hindu Law shall have any force unless such partition is made by registered instrument or by a decree or order of a Court and is effected by metes and bounds; and both the conditions having been fulfilled any such partition shall be deemed to have come into force from the date of registration of the deed of partition or the date of final decree or order of a Court, as the case may be, or from the date of effecting partition by metes and bounds, whichever is later.]
