Partition Suit For Family Property Division In India

Published on 01 Jan 2020 by Shivi

The family laws in India deal with various issues such as divorce, marriage, inheritance, and succession. Under the family laws in India, one of the most difficult and complicated legal matters pertains to the partition of family joint property. This guide lays down the laws, process, documents required, etc. for filing a partition suit in India for the joint family ancestral property.

Meaning Of Partition

The word ‘partition’ simply means to divide or to part something into different sections. Partition of property means a division of property between the joint owners who hold co-ownership of the property and want to get it divided between them. 

Under the law, partition means to divide or to separate any real property by way of a court order or to divide any concurrent estate into portions which are separated and each one of them represents the proportionate interest of the owners of the property.

Partition of property is common in case of the ancestral family property when many members of a family have a share in the joint property. Partition allows the family members to claim their share and divide the property which was previously enjoyed as a whole. 

Laws Relating To Family Property Partition

In India, the laws relating to ancestral property division or partition is dealt with under the personal religious laws. Under the Hindu laws, the Hindu Succession Act, 1956 lays down the provision for family property partition.

The partition of family property can happen in 2 ways:

  1. Drafting a partition deed mutually without any dispute.

  2. Filing a partition suit against the rest of the family members and letting the court decide the partition of property.

Partition Suit For Family Property Partition In India

Any person who has a share in the property i.e. a coparcener or legal heir who has a contingent or vested interest in the property can file a partition suit in a civil court with the help of a family law lawyer in India.

A partition suit can be filed after serving a legal notice to the other legal heirs or co-owners of the property. Once the period mentioned in the partition legal notice is over, the legal heir or co-owner can proceed to file a partition suit. 

ALSO READ: How To Obtain Legal Heir Certificate In India

Documents Required To File A Partition Suit

The following documents are needed to file a partition suit for family property partition in India:

  1. Copy of original title deed.

  2. Description of property.

  3. Legal heir certificate, if any.

  4. Property valuation done by the Sub-Registrar.

  5. Any other supporting documents.

It is important to consult a good family law advocate to know the complete list of documents required to file a partition suit as the documents differ as per each case.

Partition Suit Process In India

The following process is followed to in a partition suit in India:

  1. Filing of Suit: The first step taken by the family lawyer is drafting and filing the partition suit as per the format prescribed by the court. 

  2. Paying the Court Fee: The appropriate court fees is to be paid along with the plaint. The court fee in a partition suit differs in each case and as per the state court laws. 

  3. Court Hearing: The court calls both the parties to hear each side and to decide whether to allow the suit or reject it.

  4. Filing the Written Statement: The opposite party needs to file a written statement to represent their side within 30 days of receiving the court notice. 

  5. Examination and Cross-Examination: The examination and cross-examination of witnesses and evidence is done by both parties.

  6. Final Hearing: The court calls for a final hearing and hears both sides. The sides argue and the court passes a final order for the matter.

Hiring a good family law attorney in India is essential to win a partition suit. Legistify can connect you with the best family law experts who deal with property partition matters in India. Call Legistify at 8468833013 or send us an email at [email protected] to get started.

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