Partition Suit or Division of Property in India – part 1

I somehow took sometime out of my busy schedule to write this post. I’ll be glad if you find my writing useful in any of the ways. This post will be part 1 of my blog series, which will include all the important details regarding Partition Suit.

In this post, you’ll get the brief information about:

So, now let’s come to the main topic and know more about what is partition.

“Partition” is a  term which refers to the division of a property; jointly owned by more than one person. The division or partition of property works by executing the deed that helps co-owners protect their rights and avoid any disputes that may arise at the time of property transfer, taxation, or inheritance. Furthermore, in case of any family dispute, the related parties can file appeal  in the Court and that whole procedure is known as “Partition”.

Detailed explanation of Partition Suit

It’s a proceeding initiated by either of any parties after a familial property dispute arises. To close the partition suit, a Partition Deed is prepared either by Court orders or negotiation held between the parties. It is basically an official document which clearly state the portion of the property claimed by each of the party. But, for a legal binding of partition deed, it must be registered at the office of Sub-Registrar. The party which filed the complaint is called plaintiff, whereas the opposing party is known as the defendant.

Can you file a Partition Suit?

However, there is no specific set of guidelines set till date to indicate the specific class of people who can or cannot file a partition suit in India; but, it is generally perceived that any or all the co-owners of a property are eligible to file a partition suit. Also, it’s not mandatory for all the heirs to participate in the proceedings, if they are resilient to do so.

10 Key steps to file a Partition Suit

You need to send a legal notice before filing a partition suit. In case the notice is not paid attention, the party which made the complaint first can file for the partition suit. After that, you can follow the steps mentioned below:

1. Firstly, you need to prepare a complaint according to the format provided by the Court. All the important details, like parties name, postal addresses, type of complaint, including the affidavit which certifies that the details given in complaint are true.
2. Then file a formal document called Power of Attorney directing power to your appointed advocate. This will help him represent your case in case any dispute arises.
3. Pay the Court fee, which may vary from State to State. You can take help of a legal advisor to know the actual fee.
4. After fee payment, the Court shall finalize a date for hearing of the case.
5. Most important thing to note is that the Court will only initiate the respective case based on any merits present in the suit. A legal notice demanding the appearance of the opposing party(defendant) on the day of the next hearing would also be issued by the court.
6. The defendant after receiving the notice is required to file a written statement within 30 days. In case the court permits, The time period of 30 days can only be extended up to 90 days. The statement will act as a response to the complaint (plaint) filed by the main party (plaintiff).
7. Once the written statement is received, the plaintiff should either admit or deny the statements given by the opposing party. The response in a written document is referred as replication.
8. The pleadings are said to be over once the copy of response is filed with the Court. Then, both the parties will have to submit required relevant documents to substantiate their claims. However, the decision to accept or reject the document of parties only depends on the Court.
9. To prove their respective claims, the parties must bring witnesses within 15 days from the date of issues framed.
10. Based on the list of documents filed and produced by the parties in the court of law, the Court shall pass the final order.

At the end, both the parties can collect a certified copy of the final order from the Court.

Must-have Documents to File a Petition Suit

Here is a list of documents you will need to file a partition suit for property:

1. Identity proof of legal heir.

2. Valid copies of each and every title deed of the property.

3. Property Valuation report by a Government approved valuation expert.

4. Residence and birth Id proof’s of the legal heir.

5. Residence certificate of the deceased.

6. Original death certificate of the deceased owner.

Closure: I’ll be soon adding more detailed view on the same in my next part. So, till then stay tuned to our page for latest updates and information. Don’t forget to like and share my post!! Also, do leave your comments, if any regrading partition suit.

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