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Going to file partition suit of the joint property


17-Jul-2026 (In Divorce Law)
Me and my wife jointly bought the property and now our matrimonial relation not good. Now I am planning file a partition suit of the property. For 5 years I paid the EMI now she is paying from 6 months. As the property is under bank loan. My question is: Do we need implead the bank. If yes without giving notice also can we implead or do we need to implead after serving proper notice to bank.
Answers (3)

Answer #1
892 votes
You may file a partition suit without prior notice to the bank. Implead the bank only if you seek relief affecting its mortgage or loan rights. EMI payments can be considered during final adjudication.
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Advocate Ravindra Anjaneyulu

Adv. Ravindra Anjaneyulu

LawRato Anantapur | 5+ Answers
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Answer #2
556 votes
Yes, the lending bank is ordinarily a proper and, in many cases, a necessary party in a partition suit involving a mortgaged property, as its security interest cannot be affected without its participation. You may implead the bank as a defendant at the time of filing the suit itself; no separate prior notice to the bank is generally required unless mandated by any specific contractual or statutory provision. The Court will issue summons to the bank after the suit is instituted. Your claim regarding disproportionate EMI contributions can also be raised and supported with documentary evidence while seeking appropriate equitable reliefs.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRatoGuntur | 400+ Answers
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Answer #3
750 votes
who has paid the who has paid the complete share first of all it has to be seen that while purchasing the property who has paid the amount and then the second thing is as far as the loan of the bank is concerned who has paid the EMI at has to be looked into and then the partition can be done in how much share should go to the wife how much should come to the husband that has to be looked into and the bank if the necessary party bank has to be given notice because applied loan to the bank is proper and necessary party to this
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Advocate Moizuddin Ali Ahmed

Adv. Moizuddin Ali Ahmed

LawRatoHyderabad | 25+ Answers
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