“Partition of property” is a re-distribution or adjustment of preexisting rights, among co-
owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective allottees. The effect of such division is that the joint ownership is terminated and the respective shares vest in them in severalty.
A partition of a property can be only among those having a share or interest in it. A person who does not have a share in such property cannot obviously be a party to a partition. “Separation of share” is a species of “partition”. When all co-owners get separated, it is a partition.
Separation of share/s refers to a division where only one or only a few among several co-owners/coparceners get separated, and others continue to be joint or continue to hold the remaining property jointly without division by metes and bounds.
For example, where four brothers owning a property divide it among themselves by metes and bounds, it is a partition. But if only one brother wants to get his share separated and other three brothers continue to remain joint, there is only a separation of the share of one brother.
Suit For Partition of Property:
In a suit for partition or separation of a share, the prayer is not only for declaration of
plaintiff’s share in the suit properties, but also division of his share by metes and bounds. This involves three issues: (i) whether the person seeking division has a share or interest in the suit property/properties; (ii) whether he is entitled to the relief of division and separate possession; and (iii) how and in what manner, the property/properties should be divided by metes and bounds?
In a partition suit every defendant is plaintiff, provided he has cause of action for seeking partition.
How to file a partition suit in India?
1. Collect all documents related to the property in question:
Collect all relevant documents such as the title chain, municipal records and other documents related to the property in question.
2. Make a family tree:
You should prepare a detailed family tree by mentioning all the family members and why the share belongs to you and others. If property is in joint possession a nominal court fee will be applicable.
You must consult an experienced lawyer for partition of the property. The lawyer must be well versed with the latest laws pertaining to partition of immovable property.
4. Jurisdiction of Court:
The Court within whose jurisdiction the immovable property is situated shall have the jurisdiction to adjudicate the partition suit.
For more details on Partition of a Property write to us at firstname.lastname@example.org.
About the author:
Gaurav Sharma is the Founder of Easy Kanoon & is a legal consultant with more than 10 years of experience.
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