Things You Should Know Before You File a Partition Suit in India

Are you caught in the complex web of property disputes, specifically related to partition suits in India? If you've ever wondered how to navigate this challenging legal terrain, you're in the right place.

In this blog, we're about to demystify the world of partition suits in India. We'll provide you with clear, actionable insights and guide you through the intricate process of protecting your property rights through partition suits. 

Join us as we unravel the procedures, laws, and practical steps you need to take. It's time to take control of your property-related concerns – read on to discover the path to a more secure future.

What is a Partition Suit?

Partition, essentially, means separation. A Partition Suit, on the other hand, represents a legal dispute between parties who own a property but have different ideas about its use. This legal process is a powerful tool for resolving conflicts over property interests. Through the partition suit, the court can decide the ownership rights of the members based on legal precedence. 

The cost of filing a partition suit varies from state to state. For example, the court fees for partition suits in Karnataka is fixed at Rs. 200 based on Section 35(2) of the Karnataka Court Fees and Suits Valuation Act of 1958, whereas the same suit costs Rs 500 in New Delhi. 

Let’s see who can file a partition suit in a court and what’s the procedure to file it.

Who Can File a Partition Suit?

A partition suit is a legal process that divides property among co-owners. In India, the partition of property is governed by the Hindu Succession Act, 1956, and the Indian Partition Act, 1893.

Any or all of the co-owners of a property can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit.

Co-owners can be defined as those who have a joint title to the property, either by inheritance, gift, or purchase.

Legal heirs are those who are entitled to inherit the property of a deceased person in accordance with the law of succession.

Anyone having a share in the property could be a co-owner, a legal heir, or a third party who has acquired a share in the property through purchase or gift.

There is no limitation period for filing a partition suit. However, it is advisable to file the suit as soon as possible to avoid any complications.

Can a Minor File a Partition Suit in India?

A partition suit is a legal process that divides property among co-owners. In India, the partition of property is governed by the Hindu Succession Act, 1956, and the Indian Partition Act, 1893. Minors can also file a partition suit with the help of their legal guardians or representatives. Here are some important points to keep in mind when a minor files a partition suit in India:

1. A minor can file a partition suit through his legal guardian or next friend (a person who represents the minor in court).
2. The legal guardian or next friend must obtain the court's permission to file the suit on behalf of the minor.
3. The court may appoint a guardian ad litem (a person appointed by the court to protect the interests of a minor) to represent the minor in the suit.
4. The court may direct that the property be partitioned in such a way that the minor's share is protected and preserved.
5. The limitation period for a partition suit in India is 12 years from the date when the right to sue accrued.

If you are looking to file a partition suit on behalf of a minor, NoBroker Legal can help you with legal advice and representation.

What is the Procedure to File a Partition Suit in India?

Before filing any legal complaint, the Indian Code of Civil Procedure, 1908 dictates sending an official legal notice to the concerned party. In case the notice is neglected or avoided, the plaintiff can file a legal case against the concerned party in the Indian courts. Here is a detailed look at the entire process of filing a partition suit:

• The first step is drafting a plaint (complaint). The court prescribes following the correct format of plaint in a suit for partition. The person filing the complaint is known as the plaintiff whereas the other party will be the defendant. The correct format of a plaint in a suit for partition will have details like the name of the concerned parties, their residential addresses, type and explanation of the complaint, and an affidavit stating that the complaint is true as per the plaintiff’s knowledge. Here is the correct format of a plaint in a suit for partition
• The second step is filing a power of attorney which is a legal document instating power to your legal representatives in matters of disputes. 
• Pay the Partition Suit Court Fees. The fees may vary based on the case and the state in which it is filed. Consult your legal advisors for determining the exact amount. 
• Once the payment is complete, the court will fix a date to take your dispute and review it. 
• It is very important to note that it is at the court’s discretion whether the case is picked up or not. The court decides if a claim has any merit and proceeds further. If the case is accepted by the court, only then a legal notice will be sent to the defendant asking them to appear before the court with their side. 
• The defendant needs to respond to the court’s legal notice with a written statement within 30 days of receipt. 
• The plaintiff reviews the defendant’s statement and if not satisfied, can reply with written documents, known as replication. 
• After replication, both the parties will be asked by the court to submit relevant documents to prove their claim of ownership. The parties are also required to produce witnesses before the court to prove their ownership within 15 days of the legal proceedings. 
• The court reviews the documents and based on the findings from the proceedings, awards ownership. The parties will also receive a certified copy of the court’s decision to avoid any further disputes. This is known as the final decree in partition suit format.

How to Draft a Partition Suit?

A format of suit for partition and declaration must contain:

• Title for the suit 
• Court’s Jurisdiction
• Suit no. with year 
• Name of Plaintiff
• Name of Defendant
• Relationship between the plaintiff and defendant
• Issue for suit
• Current Market Value of the Property
• Claims of the Plaintiff
• Property Schedule
• Signatures, Verification of the property. 
• Location, date, sign. 

Here is the correct legal notice format for partition suit:

List of Documents Required for Filing a Petition Suit

Here’s a list of documents required for filing a suit for property partition in India:

• ID proof of legally identified heir
• Certified copies of the property with a description
• Property Valuation
• Birth proof of the legal heir
• Residence proof of the heir
• Original death certificate of the registered owner. 
• Residence proof for the deceased

What is the Fixed Limitation Period for a Partition Suit?

Any limitations in the partition suit follow guidelines from the Limitation Act. According to the Limitation Act, in the case of a suit for partition, the limitation is fixed at 12 years from the day the plaintiff claims the property. The partition suit limitation for ancestral properties is also fixed at 12 years. 

While the guidelines and procedure for a partition suit are relatively straightforward, it's strongly recommended to seek an amicable settlement whenever possible.

However, if a mutual agreement isn't viable, a partition suit serves as a legal avenue to help both parties resolve their property disputes. This process typically spans around two years and hinges on the documents submitted by each party.

If you require the expertise of legal professionals to compose a partition suit notice, don't hesitate to reach out to NoBroker. Our team offers top-tier property-related legal advice and consultations. Feel free to leave a comment on this blog, and our dedicated executive will promptly respond to your inquiries.

Different Ways in which a Property can be Partitioned in India

Here are some ways in which Property can be partitioned in India

1. Partition through Consent

A family settlement or a partition deed can be used to divide the property according to mutual consent.

The property is divided between the co-owners by partition deed. The purpose of this deed is to partition the property such that each party has an absolute title to their respective portion. 

2. Court-based court partition

A legal notice stating each co-interest owner in the property, their portion, and the action to be done must be served on each co-owner before filing a partition suit in order to try to resolve the conflict. Even after this, a civil lawsuit is brought before the court if the matter is not resolved.

3. Partition by Will Probate

A copy of the Will that has been certified with the court seal is known as probate. According to Section 222 of the Indian Succession Act, 1922, only Will's executor may receive probate.

Following the petition's submission, the Court publishes a notice in any respected publication to solicit objections. If there is no opposition, the Court awards probate after concluding that the evidence is satisfactory.

Divisible and Non-Divisible Property During Partition

When a property is jointly owned, it can be divided into two types: divisible and non-divisible. Divisible property can be easily divided among co-owners, while non-divisible property cannot be divided without losing its value. Here are some important points to keep in mind when dividing divisible and non-divisible property during a partition suit:

• Divisible property includes property that can be easily divided among co-owners, such as cash, bank deposits, and stocks.
• Non-divisible property includes property that cannot be divided without losing its value, such as a family home, a business, or a piece of land that is not easily divisible.
• If the property is divisible, it can be divided into equal shares among the co-owners.
• If the property is non-divisible, the court may direct that the property be sold, and the proceeds be divided among the co-owners.

How long does the court take to pass orders on partition suits?

There is no fixed time as to how long it will take for a court to pass orders on a partition suit. The time taken will vary depending on a number of factors, including:

• The complexity of the case
• The number of parties involved
• The workload of the court
• Whether there are any appeals filed

In general, however, it can take anywhere from a few months to several years for a court to pass orders on a partition suit.

In India, a partition suit typically proceeds in two stages:

1. Preliminary decree
2. Final decree

The preliminary decree determines the rights of the parties in the property and declares that the property is to be partitioned. The final decree sets out the manner in which the property is to be divided.

It is usually the preliminary decree that takes the longest to obtain. This is because the court has to examine all of the evidence and arguments presented by the parties before it can make a decision. Once the preliminary decree has been passed, the parties can then try to reach an agreement on how to divide the property. If they are unable to reach an agreement, the court will pass a final decree setting out the manner in which the property is to be divided.

Here are some tips to help speed up the process of a partition suit:

• File the suit as soon as possible after the parties have decided to partition the property.
• Cooperate with the other parties involved in the suit and try to reach an agreement on how to divide the property as soon as possible.
• Provide the court with all of the relevant evidence and documentation as soon as possible.
• Be prepared to attend court hearings and cooperate with the court's process.

If you have any questions or concerns about the time it is taking for the court to pass orders on your partition suit, you should speak to your lawyer.

 Is it compulsory to register a partition deed?

Yes, it is compulsory to register a partition deed in India. This is required under Section 17 of the Indian Registration Act, 1908. A partition deed is a document that records the division of a property among its co-owners. It is a legally binding document and can be used as evidence in a court of law.

An unregistered partition deed is not valid and cannot be used as evidence in a court of law. This means that if there is a dispute over the property, the unregistered partition deed will not be helpful.

To register a partition deed, the parties involved must pay a stamp duty and registration charges. The stamp duty varies depending on the value of the property and the state in which it is located. The registration charges are typically 1% of the value of the property.

Once the stamp duty and registration charges have been paid, the partition deed can be registered at the sub-registrar's office in the area where the property is located. The sub-registrar will verify the deed and register it in the government records.

Here are the benefits of registering a partition deed:

• It provides legal evidence of the division of the property.
• It can be used to protect your rights in the property.
• It can help to avoid disputes over the property in the future.
• It is required for certain transactions, such as selling or transferring the property.

If you are planning to partition a property, it is important to carry out partition deed registration. This will help to protect your rights and interests in the property.

Latest updates on partition suits in India

Partition of divisible and non-divisible property: In a recent judgment, the Supreme Court held that the court has the power to divide both divisible and non-divisible property in a manner that is fair and equitable. This means that the court can order the sale of non-divisible property, such as a house, and divide the proceeds among the co-owners.

Amendment of plaint after commencement of trial: The Karnataka High Court has held that the amendment of a plaint after the commencement of a trial is permissible if the fundamental character of the suit is not affected. This means that the court can allow the parties to amend their plaint to add or remove new facts or parties, even after the trial has started.

No need for separate final decree proceedings: The Supreme Court has held that there is no need to file separate final decree proceedings in a partition suit. The trial court can proceed suo motu to pass a final decree after passing a preliminary decree. This will help to speed up the process of partition suits.

Settlement deed in a partition suit: The Supreme Court has held that a settlement deed in a partition suit must include the written consent of all parties. A consent decree among only some parties is not maintainable. This means that all of the co-owners must agree to the terms of the settlement deed before it can be valid.

Hindu Succession (Amendment) Act, 2005: The Hindu Succession (Amendment) Act, 2005, gave daughters equal rights in the ancestral property of their father. This means that daughters can now file partition suits to claim their share in the ancestral property.

How Can NoBroker Help

In conclusion, we've unraveled the intricate process of partition suits in India, shedding light on the meaning, format, declarations, and procedure. Now, it's your turn to take control of your property-related concerns. If you're considering embarking on this legal journey, remember that while the guidelines may seem straightforward, they can be fraught with complications if handled alone. Our expert team at NoBroker specializes in navigating these intricacies, ensuring a smooth resolution to your property disputes. Don't hesitate – contact NoBroker today for a swift and efficient solution tailored to your needs.

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