Description
A partition suit is a legal remedy used when co-owners of a property, such as family members with shared ancestral property, are unable to agree on the division of that property. The purpose of a partition suit is to ensure an equitable distribution of the property among the rightful owners, safeguarding individual interests.
When to File a Partition Suit?
You might consider filing a partition suit if:
- There is a disagreement among co-owners regarding the division of property.
- You want to safeguard your legal share in an ancestral or jointly-owned property.
- Attempts at an amicable settlement have failed.
Legal Process in a Partition Suit
- Filing the Suit: A partition suit is filed in a court with jurisdiction over the property. The plaintiff (person filing the suit) requests the court to divide the property according to their rightful share.
- Issuance of Notices: The court issues notices to all co-owners involved in the property to present their claims.
- Preliminary Decree: After considering the evidence and claims, the court passes a preliminary decree that determines the shares of all co-owners.
- Final Decree: If the property can be physically divided, the court will do so. If not, the court may order the property to be sold, with the proceeds distributed according to the shares determined in the preliminary decree.