Mr. Sohpal and his brother used to manage the ancestral property of their parents in India. Now they both are deceased without making a Will or transfer of property. Mr. Sohpal’s son now wants to sell his share in the ancestral land but, his cousin strongly opposes to the same. In such a situation, he will now have to file a partition suit in the Civil Court.
Land and property disputes in India are much complicated, and it often seems to prolong for years at a stretch. They also account for approximately two-thirds of total pending cases, which is almost around 2.2 Cr cases in India.
In India, Transfer of property is not an automatic process but a somewhat time-consuming one under the law. In the absence of an updated title of a property, it is expected that the property is abandoned and any activity on the same causes different property disputes which give rise to legal actions, i.e. filing a civil lawsuit in India.
Inheritance rights of the family members are laid down under the Hindu Succession Act. In spite of these rules, it is not uncommon to see disputes among different members of the family concerning the partition of property.
Hence, here, we describe how can a partition suit be filed in India.
While partition in a Hindu Joint Family comes under the Hindu Succession Act 1956, the partition in a Hindu Undivided Family (HUF) falls under the Hindu Partition Act of Property 1892.
Filing of the petition
The initial step to filing a Partition Suit is to send a legal notice. If the legal notice goes neglected, then one can proceed with the filing of the petition in the court.
If one does not have any attested documents for the property and land, it can be taken out from the registration office. It is essential to file the partition petition early in the disputed property because, once the petition case is filed, it becomes the duty of the other party to prove their rightful share of the same.
Requirements to file a Partition Suit:
- Certified copy of title deed of property which one claims as ancestral property.
- Full description of the property (such as area, location with survey numbers and boundaries, etc.)
- Market Valuation of the property and land done by the concerned sub-registrar.
- Death Certificate of your parent/ grandparents (whichever is applicable) which can be organized from the concerned municipal authorities.
For an estate which is in joint possession, a nominal court charge of Rs. 200 is applicable.
Establishment of the rightful ownership of property
After the petition has been filed in the court, the next step in the procedure would be where the court tries to set up the rightful ownership over the property in order to proceed with the trial. The court may also allow an inquiry or may appoint a commissioner who would evaluate your claim and submit a report.
If both the parties agree to the valuation report, a partition deed is formulated based on the Land Partition Act. The deed needs the court’s sanction to be legally valid and also it must be executed on a stamp paper, precisely specifying an individual share and date of partition.
If both the parties could not reach an agreement on the valuation report, a civil suit is filed in the court and continues further till any conclusion is reached on the partition. This process is prolonged and may take years.
An experienced property lawyer could not only assist you in reaching a quick resolution for such problems but also, help you attain your rightful share in case the partition suit goes into civil court for trial.