Before you file a partition suit in India, there are a few things you should know
The process by which jointly owned assets, along with the corresponding rights and interests therein, are divided into shares to which each party has exclusive rights, is referred to as partition.
With the end of shared ownership, the division is complete, and each partner receives their respective share. In another sense, a partition ends shared ownership or title and grants the parties to the partition their individual shares of the property.
Property is redistributed among the joint owners/coparceners, ending joint possession, and parties receive exclusive rights to their respective shares of the property. As long as each sharer has a legal claim to the property, the share can be divided among the sharers. A person who has no legitimate claim to the property is not permitted to take part in the partition or to make any claims for shares.
A partition can be implemented through a deed in the case of a partition by mutual consent, if the parties agree on the terms of division. The deed may be put into effect by being registered in the registrar's or sub-office registrar's of the location where the property is located. The division deed becomes valid and enforceable after being registered.
Family settlement agreement
Another means of dividing property is through a family settlement agreement. A family settlement agreement and a partition deed differ in that a family settlement agreement doesn't always require stamp duty and registration, whereas a partition deed must.
Before filing a Partition suit, here are a few things a person should know:
Any co-owner may approach the court to initiate a partition suit if the co-owners are not amenable to a property division and just one or more of the co-owners demand the partition or there is any disagreement regarding the partition.
A partition suit is a judicial action brought before a court of competent jurisdiction to divide jointly owned property. Only after the other co-owners of the property have ignored a legal notice regarding the division of the property that was preceded by a sharer is this lawsuit filed.
Laws governing partition in India:
Essential documents that are required for filing a Partition Suit:
Important things to remember while filing a partition suit
The Hindu Succession Act of 1956 governs Hindus, the Muslim Personal Law (Shariat) Application Act governs Muslims, and the Indian Succession Act of 1925 governs Christians. Depending on the nature of their marriage and other circumstances, such as when the form of succession is testamentary, parties belonging to different religions may also be subject to the Indian Succession Act of 1925.
A partition suit is a legal action brought before a competent court to divide jointly owned property among the co-owners and to resolve issues arising from a partition dispute. Knowing the substantive law that applies to the parties at issue is crucial when initiating a partition lawsuit.
Other crucial elements include giving the co-owners advance notice, attending to the limitation period (if applicable), cause of action, having the crucial papers close at hand, and bringing the lawsuit in the appropriate court. To provide a comprehensive understanding of the contents and drafting involved in such a suit, a sample of a partition suit is attached.
Aforementioned things are quite crucial for someone who is going to file a partition suit, hiring a professional lawyer who has aced the particular field will help a person to resolve his dispute and give him the correct piece of advice for his suit.