Partition suits


What is partition suit in India?

A partition suit refers to a suit filed by an individual (coparcener) in case of a property dispute in the family or mutual consent is absent among the owners during the sale or partition of the property. The suit shall be pursued only if the co-owners disregard the legal notice of partition and the dispute continues.

partition suit

 How to file a partition suit?

 A particular course of steps is to be followed while filing a partition suit to avoid its rejection on any grounds. The steps to be followed are as follows:

  • Step 1: To file a suit made by the plaintiff explaining the cause of action and expressing his/her issues to the court. A partition suit limitation is upto 3 years when the right to sue accrues as per the Limitation Act, 1963, otherwise it may be time-barred. It shall include the following information:
  1. Name of the court
  2. Name and address of the parties
  3. Facts to determine the jurisdiction of the court
  4. Facts that constitute the cause of action
  5. Description of the property
  6. Amount of relief claimed
  7. Statement of the value of the subject matter of the suit
  8. A declaration stating the genuity of the complaint
  • Step 2: A vakalatnama refers to a written document that authorizes an advocate to act upon and represent matters in the court on behalf of his/her client. An aggrieved person or a person who holds the power of attorney of an aggrieved person or his representative in that jurisdiction authorizes this document.

A Valakatnama shall consist of  the following terms and conditions:

  1. The attorney shall not be held liable for the court’s decision.
  2. The party should bear all the costs related to the suit during the court proceedings.
  3. The lawyer can keep all the documents until the amount due is paid by the party.
  • Step 3: Court fee and processing fee are mandatory to file a partition suit as per the rules and regulations. Thereafter, the court may set the date of the first hearing to the plaintiff.
  • Step 4: If the court finds merits in the case, it will issue a notice to the defendants i.e. the opposite party to present their side of the story. Thereafter, the plaintiff shall file the appropriate amount of the procedure fee and provide two copies of the plaint for the defendants within seven days.
  • Step 5: The defendant must keep a record of his/her written statements denying the allegations stated in the plaintiff or else they would be considered to be accepted. Also, the defendant shall state that the matter stated in the written statement is true to the best of his knowledge. A person can file a written statement within 30 days of notice received, and it can be extended up to 90 days as per the court discretion.
  • Step 6: The plaintiff files a reply (known as replication) denying all the allegations made by the defendant in the written statement.
  • Step 7: Once the pleadings have been completed, both the parties shall submit original documents to substantiate their respective claims. In addition, the parties shall provide a photocopy of the documents submitted to the opposing party.
  • Step 8: The court shall frame issues based on
  • which both the parties argue. The witness list must be submitted in the court by both the parties and examination of witnesses take place. 
  • Step 9: After both the parties have argued on the issues framed by the court, then the court shall pass a final order. Thereafter, the court provides the parties a certified copy of an order of the court. It shall be helpful in case of appeal or  the execution of an order.

Essentials of Partition Suit

 The list of document required to file under a partition suit is as follows:

  • ID proof of legal heir
  • Certified copies of all title deeds of the property, including the description of the property
  • A statement of valuation of the property
  • Address and D.O.B proof of the legal heir
  • The original death certificate of the deceased owner of the property,
  • Address certificate of the deceased

Conclusion

ELT Consultants is a partition suit attorney that has great knowledge of  partition suits and has dealt with matters at various levels in PAN India. We have a panel of professionals with wide experience in the field of law.

FAQs

The limitation to file a partition suit is of 3 years from the date when the right to sue accrues, after that the suit is not admitted as per the law of limitation.
A person can challenge a partition deed if he/she is not satisfied with the share allotted through the suit of partition. One should have a reasonable excuse to tell the court why he/she has been silent for the past three years

As per the Limitations Act 1963, statutory limitation period for immovable property is 12 years.

Legal partition of property means to file a suit in court to ask for sale of the property or physical division among the co-owners. The right to partition can be waived if the correct agreement is executed.

The documents required to file a partition suit are as follows:

  • ID proof of the legal heirs
  • Certified copies of all title deeds of the property, including the description of the property
  • Documents on valuation of property
  • Date of birth and address proof of the legal heirs
  • the death certificate of the original owner,
  • Address certificate of the deceased person

It is filed in the court of a Civil Judge having jurisdiction over the property in question. In case of more than one property, the lawsuit could be filed in any one of the courts that have jurisdiction. The outcome of the suit is a decree with joint nature of the property.

A title suit refers to a suit that claims sole ownership of the property, whereas, a partition suit that claims a share in the property which a person is legally entitled to get.

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