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Property partition involves the division of jointly owned property among co-owners. It is common in cases where family members, business partners, or other joint owners wish to divide property rights or assets. The process ensures that each co-owner receives their fair share of the property, either by dividing the land physically or distributing its value.
Types of Property Partition:
Partition by Mutual Agreement: When all co-owners agree on the division of property, they can execute a Partition Deed. This legally binding document outlines the terms of the partition, including the shares each co-owner receives. The deed must be registered with the local sub-registrar to be legally valid.
Partition by Court: If there is a dispute among co-owners or if an agreement cannot be reached, any co-owner can file a partition suit in the appropriate court. The court will evaluate the situation, consider evidence, and may appoint a commissioner to determine the property's fair division. The court can order partition by metes and bounds (physical division) or sale of the property with proceeds distributed among co-owners.
Family Partition: A family settlement agreement can be executed where family members mutually decide on the division of property without involving the court. This agreement helps maintain family harmony and avoid litigation.
Legal Grounds for Filing a Partition Suit:
Steps Involved in a Partition Suit:
Filing the Suit: The aggrieved co-owner files a partition suit in the civil court with jurisdiction over the property. The plaint must include the details of the property, ownership, and the request for partition.
Issuing Notices: The court issues notices to all co-owners or interested parties, asking them to appear and respond to the suit.
Evidence and Proceedings: Both parties present their evidence and arguments. The court may appoint a local commissioner to assess the property value and determine how it can be divided.
Court Decree: The court issues a decree determining each party's share. If a physical division is not possible, the court may order the sale of the property and distribute the proceeds among the co-owners.
Role of Legals365 in Property Partition:
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Contact Us:
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