Partition Act, 1893
Section 2: Power to court to order sale instead of division in partition suits
Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the court that, by reason of the nature of the properly to which the suit relates, or of the number of the shareholders therein, or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 2
- Bishwajeet Singh & Ors v. Bikramjit Singh Through Lts. & Ors
- Resident’S Welfare Association and Another v. The Union Territory of Chandigarh and Others
- Tilak Raj Bakshi v. Avinash Chand Sharma (Dead) Through Lrs. & Others
- Rani Aloka Dudhoria and Others v. Goutam Dudhoria and Others
- Badri Narain Choudhary & Ors. v. Nilratan Sarkar
- Kollipara Sriramulu v. T. Aswathanarayana & Ors.