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[Cites 0, Cited by 0] [Section 9] [Entire Act]

Bombay Presidency - Subsection

Section 9(2) in The Bombay Court of Wards Act, 1905

(2)[In every case where property is held by co-sharers, whether as co-sharers in a family undivided according to Hindu law or otherwise] [These words were substituted for the words 'Where property is held by co-sharers in undivided shares', by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] an application signed by co-sharers holding an aggregate interest of not less than three-fourths of the whole property shall, or the purposes of sub-section (1), be deemed to be an application by a land-holder [or pension-holder] [These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).] in respect of [the whole property] [These words were substituted for the words 'such property', by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).]:Provided, firstly, that no order shall be made [on any such application] [These words were inserted by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] under sub-section (1) where it appears to the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] doubtful whether the aggregate interest of the co-sharers signing [the] [This word was substituted for the words 'any such' of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] application amounts to not less than three-fourths of the whole property; andProvided, secondly, that nothing in this Act shall be deemed to prevent any co-sharer other than those signing any such application from obtaining partition of his share, whether by suit or otherwise.