Partition Suit In India: The term partition refers to the division of property owned jointly by multiple people. Property division through deed execution protects co-owners’ rights and avoids disputes that may arise during taxation, inheritance, or transfer of the property. If there is a disagreement between family members, the parties can file a case in court, which is known as a partition suit.

1. Things To Know Before Filing A Partition Suit In India
The term partition refers to the division of property owned jointly by multiple people. Property division
through deed execution protects co-owners' rights and avoids disputes that may arise during taxation,
inheritance, or transfer of the property. If there is a disagreement between family members, the parties
can file a case in court, which is known as a partition suit.
What exactly is a partition suit?
A partition suit is a proceeding initiated by either party when there is a property dispute in the family. A
partition deed is an official document that is created by court order or through negotiation between the
parties. It essentially represents the portion of the property claimed by each party. However, in order
for a partition deed to be legally binding, it must be registered at the Sub-office.
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Who is eligible to file a partition suit?
While there are no specific guidelines in place to define who is eligible to file a partition suit in India, it
can be inferred that any or all co-owners of a property can file a partition suit. Furthermore,
participation in the process is not required of all heirs if they are unwilling to do so.
How does one go about filing a partition suit?
Sending a legal notice is the first step before filing a partition suit. If the notice is ignored, the plaintiff
may proceed with the lawsuit. Following that, you must complete the steps outlined below.

2.  Create a plaint (complaint) in the format specified by the Court. The party who files the
complaint is known as the plaintiff, and the opposing party is known as the defendant. Relevant
details, such as the parties' names, postal addresses, the nature of the complaint, and an
affidavit certifying that the content of the plaint is true to the best of their knowledge, should be
carefully mentioned.
 File a Power of Attorney, which is a formal document that gives the advocate authority to
represent the client in a dispute.
 Pay the Court fee, which varies according to the case and from state to state. A legal advisor can
assist you in determining the Court fees.
 Once the fee is paid, the Court will set a hearing date and decide on the merits of the case.
 It is critical to remember that the Court will only proceed with the case if it finds merit in the
suit. A legal notice would be issued to the defendant, demanding their appearance on the day of
the next hearing, at the Court's discretion.
 After receiving the notice, the opposing party must file a written statement in response to the
plaintiff's plaint. Within 30 days of receiving the notice, the written statement must be filed.
However, if the Court permits, the time period can be extended up to 90 days.
 Following receipt of the written statement, the plaintiff must either admit or deny the
defendant's statements. Replying in the form of a written document is referred to as replication.
 Once the replication is filed with the Court, the pleadings are complete. Following that, the
parties are asked to submit relevant documents to back up their claims. The Court, however,
retains the authority to reject or accept the documents.
 The parties must also produce witnesses within 15 days of the date of issue framing in order to
prove their claims.
 The Court issues the final order after reviewing the list of documents filed by the parties as well
as the documents produced in the Court of Law.
 The Court will provide the parties with a certified copy of the final order.
Documents needed to file a petition suit
The following documents are required for filing a property partition suit:
 Proof of legal heir's identity
 Certified copies of all property title deeds, including the property description
 Property appraisal
 Proof of the legal heir's birth and residency
 Death certificate of the deceased owner,
 Death certificate of the deceased owner, in original residence certificate of the deceased
How long does it take the Court to issue orders in a partition suit?
Typically, it takes two years to obtain a preliminary decree and another year to obtain a share of the
property.

3. "partition of property is the re-distribution or adjustment of pre-existing rights among co-owners of
property." As a result, the underlying principle is that a partition is only permissible among those who
have a share in the property. In partition suits, the Courts typically consider whether the person seeking
division is entitled to the property and separate possession or not. It is therefore critical for a person
seeking such partition to be able to establish his co-ownership in the property. Furthermore, while
courts may order property partition, the actual physical division of property remains a challenge."
While partition disputes are common in India, filing a suit can be time-consuming and tedious. A family
settlement is a far more amicable and cost-effective solution, in which members of a family mutually
decide the share of the property, including movable assets such as jewellery and money in bank
accounts. To clarify, family settlement is a conciliation process that involves a third party, usually a
senior member of the family or a lawyer, who assists in reaching a mutually acceptable solution to the
dispute.
What are the various methods of property division in India?
There are three ways to divide property in India. These are some examples:
Deed of Partition
A partition deed divides property by mutual consent of the co-owners. The partition deed must be
executed on stamp paper and registered with the sub-office.
A partition deed includes the following:
 Dispute resolution and resolution
 Share in the partition that has been defined
 Title deeds are created.
 Including all of the circumstances
 Observing existing laws
Family reunification
In this case, all family members must draw a settlement agreement similar to a partition deed, but it
does not need to be registered or stamped. Furthermore, for the settlement agreement to be valid, all
family members must sign it.
Putting in place a partition suit
If all of the owners do not agree on the terms of the property division, one or more of the co-owners
may file a partition suit in court.

4. Is there a time limit for filing a divorce suit?
According to Article 65 of the Limitation Act, the time limit for filing a partition suit is 12 years. This
period begins when the co-owners are notified of the adverse claim in the public domain. Adverse claim
occurs when the claimant has a property interest in the financial asset and that right is violated by
others by holding, transferring, or dealing with the financial asset.
Application for partition without possession
The court decides whether the plaintiff has a share in the suit property and whether he is entitled to
division and separate possession when a suit for partition or separation of a share is filed.
In a partition suit, how is property divided?
The partition deed divides the property among the co-owners. This deed is used to divide the property
so that each co-owner has an absolute title to his or her own portion of the property. Once mutated, the
divided property is considered an independent unit. As each co-owner acquires ownership of their share
of the property, they are free to sell, transfer, or gift it to whomever they wish. It is required for a
mutation to occur that the partition deed be mutated.
What you need to know about a partition suit
Is it possible for a minor to file a partition suit?
A major (over the age of 18) and sound coparcener has the authority to file the partition suit.
Furthermore, they are not required to explain why they are seeking the partition.
Can a coparcener sell the property while the case is pending?
According to Section 52 of the Transfer of Property Act of 1882, a coparcener cannot sell the property
while the suit is pending.
What is the cost of a partition suit in court?
The court fee varies by state. The amount of the court fee is largely determined by the value of the
property in dispute. Some states, however, have fixed this cost. The cost of a partition suit in Karnataka
is Rs 200, whereas it is Rs 500 in Delhi.
What happens to a property after it is partitioned?

5. When the partition deed takes effect, each share of the property becomes its own entity.
Is registering a partition deed required?
According to the Maharashtra government, because the process of partitioning properties belonging to
a Hindu Undivided Family (HUF) does not fall under the definition of 'transfer,' such partition deeds are
not required to be registered. However, if the executed partition deed is not registered, it cannot be
used as evidence in a court of law.
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