What is partition suit?

A Partition suit is a lawsuit filed in the court of law to claim your share of the property. The partition lawsuit is filed in India for residential property, commercial property or in the case of land disputes. The partition suit court fees is Rs. 500.

Partitioning can be done in more than one way. Here is a glimpse.

1. Using partition deed:

   This is one of the simplest ways to divide a property. If all the co-sharers agree to the partition of the property, they can create a partition deed and register it with the authorities.

2. Forming family settlement agreement:

   As the term here suggests, it is a settlement at which the co-sharers within a family arrive at a definite settlement agreement. This form of partition will not require any registration or stamp duty charges to be paid.

A partition lawsuit can only be filed after you’ve sent a legal notice to the co-owners stating that the property must be divided. If the dispute prevails, then the partition lawsuit can be filed. 

1. Draft a complaint and submit it in the court with each and every detail about the property and the individuals involved in the dispute
2. File Power of Attorney. It is required to give rights to the lawyer to represent you as a client.
3. Pay the court fee of Rs. 500
4. The court will look into the matter and will give you a hearing date upon discretion
5. The opposite party against whom the case has been filed will be given a time period of 30 days to 90 days to file a reply to the complaint
6. Accordingly, the proceedings will follow and the court will have the ultimate power to resolve the dispute.

To file a partition lawsuit following documents are required:

• Title deed of the property (advisable)
• Identity proof of the heirs
• Property valuation and description
• Death certificate of deceased owner

A partition lawsuit in India takes years to get resolved. Hence, if you are planning to file a partition lawsuit, be prepared to dedicate your time and energy.

From what I know about partition suit meaning, it is a division to give someone a portion of something. A whole can be divided into smaller portions, each of which is referred to as a partition. According to the law, the partition is the division of a property by a court order that transfers the owner's similar interest. Partition is frequently used in relation to real estate. Let me explain it further to you.

What is Partition Suit in Indian Law?

According to India's Partition Laws, two categories of property may be divided voluntarily by the owners:

• Self-acquired property 

• Ancestral Property

What is a partition suit in real estate?

A partition suit is a legal action brought when there is a property dispute or when there isn't mutual consent between the various property owners over the split of the property. Only when the co-owners have disregarded the legal notice of partition and the dispute is still pending is it necessary.

There is no explicit statute that defines the group of individuals eligible to file for partition in India. As a result, it is believed that making a claim is not specifically prohibited. On the other hand, a partition lawsuit can be brought by any or all of the property's co-owners. 

There is no requirement that many heirs participate jointly in the partition case if none of them is prepared to file a partition lawsuit and there are several heirs present.

Laws that regulate Partition in India

• The Hindu Succession Act, 1956.

• The Hindu Undivided Family [HUF]

• The Partition Act, 1893.

• The Hindu Partition Act of Property 1892.

Documents needed to File a Partition Suit.

As was mentioned before, there is no necessary rule that says someone must have certain documents in order to bring partition litigation. After submitting the claim that requires the other co-sharer to prove the following, the person has the right to launch a partition suit if they do not have the necessary documents.

• You do not own the property on which the partition is filed.

• Your proper portion has been given to you.

It's a good idea to have some paperwork with you when you file the petition just to be safe. The necessary paperwork is listed below:

• Original copies of all title deeds for the property 

• Area, location, survey number, geographic borders, and other property information should all be included in an accurate description.

• Valuation of the real estate.

Now you know what is partition suit meaning.

In Layman’s language, the term partition means separation of one part from another. In legal language, it can be defined as ‘an act of segregation of property held jointly by two or more persons in undivided shares, so as to vest in each other exclusive title to a specific portion in lieu of his undivided share in the whole.’ Let me share more details on partition suit and court fees in partition suit.

According to Partition Laws in India, partition can be done mutually and voluntarily in both the types, i.e., in ancestral as well as self-acquired property. However, if the mutual consent is disregarded by any of the co-owners, the proceeding of partition suit is initiated. 

• Any co-owner or the legal heir of the same of the jointly held property, in possession of any legal document, will, gift deed or sale deed can file a suit for partition and claim his share.

• A partition suit is filed by following a specific procedure:

1. Plaint of Filing of suit:

   A plaint is a written formal complaint made by the plaintiff expressing his claims and cause of action to the court of law. Article 65 of The Limitation Act 1963 prescribes a time period of 12 years within which a person may file a suit for partition.

    

The

property partition suit

must contain the following information:

• Name of the court 

• Name, description and of address the parties

• Facts to determine the jurisdiction of the court

• Facts that constitute the cause of action

• Description of the property

• Amount of relief claimed

• Statement of value of the subject matter of the suit

• A declaration stating the authenticity of the complaint

1. Vakalatnama:

   It is a written document that entitles an advocate to act and represent matters before any court, tribunal or authority on behalf of his client. A Valakatnama may contain the following terms and conditions:

• The advocate shall not be held liable for any decision made by the court.

• The client must bear all the expenses and costs during the court proceedings.

• The advocate can retain all the documents until complete fees are paid.

1. Court Fee for Partition Suit:

   Wondering how much court fee for partition suit?

   A nominal partition court fees of Rs 200 is usually applicable which is mandatory to be paid after which the court mentions the date of the first hearing to the plaintiff and decides whether to continue with the proceedings or not.

The form of partition is a little different if the co-owners are not willing to a property division and only one or more of the co-owners demand the partition. A partition suit must be filed in such a scenario before the relevant court of law. My friends filed for partition suit as they faced challenges with their shared property. The division might be done in an agreed-upon ratio or according to the prevailing inheritance legislation. The same property can be owned by more than one person. All of these people would have the same or specific rights to own and utilise the property. Let’s talk about a suit for partition.

Suit for partition without possession:

It is a general rule of law that courts of law cannot be addressed after a certain amount of time has passed. A person who has been wronged has a certain amount of time to file a lawsuit with the court. You can refer to the above answer by Aakarshit to know how to file a partition lawsuit. The time restriction for filing a civil partition complaint is three years from the date on which the right to claim accrues, after which the suit is barred by the time limit. There are 3 ways for property partitions in India.

The co-owners divide the property by mutual consent in a partition deed. The partition deed must be drawn upon stamp paper and registered with the sub registrar's office. The partition deed includes the dispute's outcome and solution, specified share, title deeds, account for all of the conditions and observance of current legislation.

In this case, all family members must draught a settlement agreement that is comparable to a partition deed, but it does not need to be registered or stamped. Furthermore, for the settlement agreement to be legal, it must be signed by all family members.

If all of the owners do not agree on the property division terms, one or more co-owners can initiate a partition suit in court.

How to calculate court fee in partition suit?

The value of the property will be used to calculate court fees. It is also known as ad volarem court fees. Until you identify the value of your property following inspection and evaluation, no exact court charge can be determined. The average court fees for a partition suit are Rs. 500.

What is the limit for filing a partition suit?

According to Article 65 of the Limitation Act, the time restriction for filing partition litigation is 12 years. When the co-owners of the public domain are notified of the adverse claim, this period begins. When a claimant has a property interest in a financial asset, and that interest is violated by others by retaining, moving, or transacting with the asset, it is referred to as an adverse claim.

Now you know about the suit for partition in India.