National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Partition of lands
141. Conditions for approval of partition
Feedback & supportNo partition shall be approved by the State Director or, as the case may be, Land Administrator unless—
State Director
“State Director” means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy Director of Lands and Mines appointed thereunder;
each of the co-proprietors has either joined in, or consented to the making of, the application for its approval;
in the opinion of the State Director or, as the case may be, the Land Administrator, the area to be vested—
in each co-proprietor pursuant to paragraph (a), or subparagraph 140(1)(b)(i) is as nearly as may be proportionate to his undivided share in the whole; or
in the continuing co-proprietors pursuant to subparagraph 140(1)(b)(ii) is as nearly as may be proportionate to the total of their undivided shares in the whole; and
the conditions specified in subsection 136(1) for approval of the subdivision of land are, mutatis mutandis, with the omission of paragraph (ca) and subparagraph (f)(i)
of that subsection, satisfied.
Subsection 136(2) shall, in cases of partition, apply with respect to the condition specified in paragraph (1)(h) of that section with the omission therefrom of subparagraph (b)(ii).
The State Director or, as the case may be, Land Administrator may, in the case of an application for approval of the partition of any land subject to the category “agriculture” waive the condition specified in paragraph 136(1)(h).
Land Administrator
“Land Administrator” means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;
Application for partition by any co-proprietor 141a. Notwithstanding sections 140 and 141, any co-proprietor where other co-proprietors neither join in nor consent to the making of the application may apply for approval to partition the land.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;