A Partition Suit is a Suit filed in the Court to claim share of Property of the Petitioner. Partition Suit can be filed for partition of residential property, commercial property or land.
A legal heir or co-owner of the joint property, in possession of any legal document like will, gift deed, sale deed etc can file a suit for partition and claim his individual share.
A Partition Suit can be filed by the co-owner after sending a legal notice to the other shareholders demanding to share the property. If no solution is found and dispute prevails, a Partition Suit can be filed in a Civil Court.
Court fee of Partition Suit will depend on the value of the property.
As per article 65 of The Limitation Act 1963 the time period for filing a Partition Suit is 12 years.
A property is get divided into separate portions through a Partition Suit.
To File a Partition suit consensus of other co-owners is not required. Any co-owner can file for partition suit.
Each co-owner gets a share as per their legal entitlement.
Post the division, every portion gets a new title and each 'owner; gives up their share in the other portions.
After completion of partition suit process, there would be complete control of each co-owner on his share in the property.
It restrains interference by anybody else in one's own share.
Partition is the best remedy to get the possession back where the person in control of property is not willing to handover the possession to the actual owner.
Each co-owner's share is inheritable and transferable. Share of each co-owner is clearly and explicitly identified. This helps in avoiding problems in transfer, alienation, inheritance and taxation.
All co-owners of the property are not in consensus for Partition
All Co owners of the property are mutually agree for the Partition.
Other Things to remember
It is advisable to collect the certified documents of the same including the market value and death certificates from the concerned authorities.
1. Filing of Partition Suit
The Partition Suit must be filed with all supporting documents and Court fee
2. Hearing in the Court and Issue of Notice
If the court is convinced that there is merit in the case, notice will be issued to the Defendants. The Plaintiff is required to pay procedure fee and file copies of Plaint for each Defendants within 7 days.
3. Written Statement
The Defendants can file Written Statement denying or accepting the allegations made in the Plaint. The allegations not dealt with the Defendants in the Written statement will be deemed as accepted. Time to file Written Statement is 30 days, but the Court has discretionary power to extend it to a maximum of 90 days.
4. Replication by Plaintiff
The Plaintiff can file Replication by denying the allegations of the Defendants or explaining it. After filing the replication it is considered that the pleadings are complete.
5. Filing of Documents
After completing pleadings all the parties in the Petition will get opportunity to file Original Documents to substantiate their claim. Documents admitted by the parties are recorded by the court. Copy of the documents should be given to the opposite party.
6. Framing of Issues
The Court will frame the issue on the basis of which arguments and examination of witnesses will take place.
7. List of Witnesses
All the parties should file their list of witnesses
8. Hearing of the case
Arguments shall take place on the day of Final hearing on the issues framed by the court after which a final order is passed
1. Identity Proof of Plaintiff
2. Site Plan of Suit Property
3. Title deed of the property (if available)
4. Identity proof of the heirs (If available)
5. Property valuation and description
6. Death certificate of deceased owner
7. Cop of Legal Notice
8. Any other relevant document
Self-acquired property of a member is not subject of partition as it belongs to the owner. Self-acquired property is owned by person hard earned more, gift or will.
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