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State of Bihar - Section

Section 57 in The Estates Partition Act, 1897

57. Procedure where no petition presented under Section 51.

(1)If no petition is presented under Section 51, the Deputy Collector shall, on the day fixed under Section 50, or on any subsequent day or days to which the hearing may be postponed by notice posted at his office,-
(i)consult all proprietors who are present, and
(ii)hear, and, after such enquiry as he may consider necessary, dispose of, any objections which they may urge.
(2)The Deputy Collector shall then proceed to determine how the lands of the parent estate shall be partitioned into the separate estates, and all matters arising out of such partition: and shall cause to be prepared-
(a)A paper of partition in a form prescribed by Rules made by the Board, specifying in detail-
(i)the lands which he has included in each separate estate, and the area of such lands,
(ii)the rental of such land, and the other assets, if any, of each separate estate,
(iii)the name or names of the recorded proprietor or proprietors of each separate estate,
(iv)any stipulations which may have been made regarding places of worship, tanks or other matters mentioned in Chapter IX, and
(v)the amount of land-revenue to be assessed on each separate estate in the manner prescribed by Section 10; and
(b)a map showing the lands which fall within each separate estate and the boundaries of such lands.
(3)In making the partition the Deputy Collector shall be guided by the provisions of chapter IX, and shall make the partition in the manner which, in his opinion, is on the whole most in accordance with those provisions and most equitable and convenient to all parties concerned.