Section 25 in The Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971
25. Power to make provision in the scheme to partition joint lands and joint occupancy tenancies.
(1)Notwithstanding anything contained in Chapter IX of the Himachal Pradesh Land Revenue Act, 1954 (6 of 1954), as applicable to areas which formed part of Himachal Pradesh before the 1st day of November, 1966, except section 129 thereof or in Chapter IX of Punjab Land Revenue Act, 1887 (17 of 1887), as applicable to the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), except section 117 thereof, the scheme prepared by the Consolidation Officer may provide for partition of land between the joint owners of land or between joint tenants of a tenancy in which a right of occupancy subsists in accordance with the share of each owner or tenant in the land or tenancy, as the case may be if,(a)such share is recorded under Chapter IV of any of the Acts mentioned above, or(b)the right of such owner or tenant to such share has been established by a decree which is still subsisting at the time of preparing the schemes or(c)a written acknowledgement of such right has been executed by all persons interested in the admission or denial thereof.(2)When the scheme is confirmed under section 29, the land so partitioned shall, notwithstanding anything to the contrary contained in any law for the time being in force, be held by each such owner or tenant in full right of ownership or tenancy, as the case may be, and the rights of other joint owners or joint tenants, in the land shall be deemed to be extinguished.
