When it comes to partition of a property in India there are certain laws governing it. Partition generally means dividing and giving parts of the property to separate legal heirs. Each part will be having its own existence after the partition.
Ways of partition in India
A partition can be made effective by:
Partition Deed: The partition occurs by mutual consent amongst the co-owners peacefully. The partition deed is executed on a stamp paper and registered with the sub-registrar’s office.
Family Settlement: A settlement agreement is drawn like the partition deed but registration and stamping are needed. It is mandatory that all the family members should sign the family settlement agreement.
Instituting a suit: A suit is instigated if all the owners do not agree on the terms of division of the property. If they wish to have different terms, one or more co-owners can file a partition suit in the court of jurisdiction.
Filing a suit
A partition suit is filed in India only when a legal notice has been ignored. In case you are a legal heir but do not have any supporting documents, you could get the information about the property from the registration office to support your legal suit. The Partition suit has to be drafted and printed in accordance to the format that has been specified and mandated by the Court.
- Get certified copies from concerned Sub Registrar:
- The documents related to property like Title deed
- Encumbrance on property certificate
- Market Value Certificate
- Death Certificate of your grandparent/ parents (whichever is applicable) from concerned municipal authorities.
- Prepare a detailed family tree by mentioning all the family members and why the share belongs to you and others.
- If property is in joint possession a nominal court fee of Rs 200 will be applicable.
- Description of properties (area, location with survey numbers, boundaries etc.) is needed
The partition suit has to be filed in a court that has jurisdiction over the property location within a time limit.
Establishing the rightful ownership
The court tries to establish your rightful ownership over the property & may also allow an inquiry to this effect. Even appoint a Commissioner who would evaluate your claim and submit a report. Based on this report, the court can determine your share and the co-owner’s share.
A partition deed with the sanction of the court is usually drawn up based on the Land Partition Act if the two parties have come to a resolution. You will also need to execute this deed on a stamp paper specifying the date of partition and each person’s share.
We hope this outline on all you need to know about filing a Partition Suit in India has been helpful to you. Check out flats for sale in Kochi and other apartments in Kerala at luxurykeralaflats.com.