(1)Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, a holding may be partitioned on the decree of a civil court or on application of co-holders in the manner hereinafter provided.(2)If in any holding there are more than one co-holder, any such co-holder may apply to the Collector for a partition of his share in the holding:Provided that, where any question as to title is raised, no such partition shall be made until such question has been decided by a civil suit.(3)[The Collector] [The words were substituted for the words brackets and figure 'Subject to the provisions of sub-section (4), the Collector' by Maharashtra 8 of 1969, section 3(a).] may, after hearing the co-holder, divide the holding and apportion the assessment of the holding in accordance with the rules made by the State Government under this Code.(4)[*****] [sub-section (4) was deleted by Maharashtra 8 of 1969, section 3(b).](5)Expenses properly incurred in making partition of a holding paying revenue to the State Government shall be recoverable as a revenue demand in such proportion as the Collector may think fit from the co-holders at whose request the partition is made, or from the persons interested in the partition.
