Section 901. By whom maintainable

1. A person holding and in possession of
  real property as joint tenant or tenant in common, in which  he  has  an
  estate of inheritance, or for life, or for years, may maintain an action
  for  the  partition of the property, and for a sale if it appears that a
  partition cannot be made without great prejudice to the owners.
    2. A person holding a future estate  as  defined  in  sections  forty,
  forty-a  or  forty-b  of  the  real property law or a reversion as joint
  tenant or tenant in common may maintain an action for the  partition  of
  the  real  property  to  which  it attaches, according to his respective
  share, subject to the interest of  the  person  holding  the  particular
  estate,  but  no  sale  of  the premises in such an action shall be made
  except with the consent in writing, to be  acknowledged  or  proved  and
  certified  in like manner as a deed to be recorded, of the person owning
  and holding such particular estate.  If partition or sale cannot be made
  without great prejudice to the owners, the complaint shall be dismissed;
  dismissal shall not affect the right of any party to bring a new  action
  after the determination of such particular estate.
    3. A person entitled as a joint tenant or a tenant in common by reason
  of  his  being an heir of a person who died holding and in possession of
  real property, may maintain an action for partition, whether he is in or
  out of possession, notwithstanding an apparent devise to another by  the
  decedent,  and  possession  under  such  a  devise.  The plaintiff shall
  establish that the apparent devise is void.
    4. In the event the estate of a decedent is the owner of an estate  in
  common  in  real  property,  the  executor  or administrator may bring a
  partition action or intervene in a pending partition action on behalf of
  the estate if, upon application duly made, the surrogate approves.