Section 21 in The Assam Consolidation of Holdings Act, 1960
21. Prevention of fragmentation.
- Notwithstanding anything contained in any law or customs in any areas where a scheme of consolidation has come into force-(1)no land shall, at any time thereafter, be partitioned so as to create a new plot less than 5 bighas in size ;(2)no land shall be transferred, leased or mortgaged so as to create a new plot of less than five bighas in size except to the owner of contiguous plot or to the State Government or a Land Mortgage Bank or any other Co-operative Society as security for any loan advanced to him by the State Government or such Bank or Society, as the case may be;(3)if in consequence of inheritance there are two or more co-sharers and each share consists of an area of less than 5 bighas, then unless such shares, agree among themselves to keep the property in common and make a joint cultivation, the sharer disagreeing shall surrender his share, and such sharer shall then get market value of his share as compensation for the share so surrendered, which shall be realised from the co-sharers who elect to retain the land. Any amount realisable as compensation shall be recovered as arrears o land revenue;(4)notwithstanding anything contained in any law for the time being in force, no Court shall hold any sale so as to create a new plot of less than 5 bighas in size.
