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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Bihar - Subsection

Section 5(3) in The Estates Partition Act, 1897

(3)If the interest of such recorded proprietor consists of an undivided share held in common tenancy in specific mauzas or tracts forming part of the parent estate, but not extending over the whole area of the parent estate, he shall be entitled to have assigned to him as his separate estate land, situated within such specific mauzas or tracts of which the assets shall bear the same proportion to the assets of such specific mauzas or tracts as his undivided share in such specific mauzas or tracts bears to the entire mauzas or tracts:Provided that if the interest of such recorded proprietor consists of such an undivided share in more than one mauzas or tract, he shall not be entitled to have land assigned to him in every such mauzas or tract, but the Collector may assign to him as his separate estate land situated in any one or more of the said mauzas or tracts, subject to the condition that the assets of such land are in proportion to the aggregate of the interests which he holds in all such mauzas or tracts.