# 25 C.F.R. § 152.33 (2025): Partition > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_33 ## Section - **Citation:** 25 C.F.R. § 152.33 (2025) - **Heading:** Partition - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 25 CFR: Indians / Chapter I: BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR / Part 152: ISSUANCE OF PATENTS IN FEE, CERTIFICATES OF COMPETENCY, REMOVAL OF RESTRICTIONS, AND SALE OF CERTAIN INDIAN LANDS / § 152.33: § 152.33 Partition. ## Text (a) Partition without application. If the Secretary of the Interior shall find that any inherited trust allotment or allotments (as distinguished from lands held in a restricted fee status or authorized to be sold under the Act of May 14, 1948 (62 Stat. 236; 25 U.S.C. 483)), are capable of partition in kind to the advantage of the heirs, he may cause such lands to be partitioned among them, regardless of their competency, patents in fee to be issued to the competent heirs for their shares and trust patents to be issued to the incompetent heirs for the lands respectively or jointly set apart to them, the trust period to terminate in accordance with the terms of the original patent or order of extension of the trust period set out in said patent. (Act of May 18, 1916 (39 Stat. 127; 25 U.S.C. 378)). The authority contained in the Act of May 18, 1916, is not applicable to lands authorized to be sold by the Act of May 14, 1948, nor to land held in restricted fee status. (b) Application for partition. Heirs of a deceased allottee may make written application, in the form approved by the Secretary, for partition of their trust or restricted land. If the Secretary finds the trust lands susceptible of partition, he may issue new patents or deeds to the heirs for the portions set aside to them. If the allotment is held under a restricted fee title (as distinguished from a trust title), partition may be accomplished by the heirs executing deeds approved by the Secretary, to the other heirs for their respective portions. ## Nearby sections - [25 C.F.R. § 152.1 (2025) § 152.1 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_1.md) - [25 C.F.R. § 152.2 (2025) § 152.2 Withholding action on application.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_2.md) - [25 C.F.R. § 152.3 (2025) § 152.3 Information regarding status of applications for removal of Federal supervision over Indian lands.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_3.md) - [25 C.F.R. § 152.4 (2025) § 152.4 Application for patent in fee.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_4.md) - [25 C.F.R. § 152.5 (2025) § 152.5 Issuance of patent in fee.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_5.md) - [25 C.F.R. § 152.6 (2025) § 152.6 Issuance of patents in fee to non-Indians and Indians with whom a special relationship does not exist.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_6.md) - [25 C.F.R. § 152.7 (2025) § 152.7 Application for certificate of competency.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_7.md) - [25 C.F.R. § 152.8 (2025) § 152.8 Issuance of certificate of competency.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_8.md) - [25 C.F.R. § 152.9 (2025) § 152.9 Certificates of competency to certain Osage adults.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_9.md) - [25 C.F.R. § 152.10 (2025) § 152.10 Application for orders removing restrictions, except Five Civilized Tribes.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_10.md) - [25 C.F.R. § 152.11 (2025) § 152.11 Issuance of orders removing restrictions, except Five Civilized Tribes.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_11.md) - [25 C.F.R. § 152.12 (2025) § 152.12 Removal of restrictions, Five Civilized Tribes, after application under authority other than section 2(a) of the Act of August 11, 1955.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_12.md) - [25 C.F.R. § 152.13 (2025) § 152.13 Removal of restrictions, Five Civilized Tribes, after application under section 2(a) of the Act of August 11, 1955.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_13.md) - [25 C.F.R. § 152.14 (2025) § 152.14 Removal of restrictions, Five Civilized Tribes, without application.](https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T25_P152_S152_33. Check the current official text before relying on it. Not legal advice.