Court pronounces division of property by metes and bounds
23-Mar-2025 (In Property Law)
What does property partitioned by metes and bounds mean? Does it mean right to equal space for all? Or can the appealing parties mutually suggest a division of the property? Can one appeal against the Assessor's suggestions? And if the appeal is not granted, is time given to the parties to give their solution or is the next step a mandatory auction? We are Punjabi Hindus.
Dear client,
Partition by metes and bounds means a physical division of the property, marking specific boundaries for each co-owner. It does not necessarily mean equal space for all; rather, it considers the value of portions. If co-owners mutually agree on a division, the court may accept it. If there is disagreement, an assessor or court-appointed commissioner determines the division. Parties can appeal the suggested division if they believe it is unfair. If the appeal is denied, courts may allow parties time to settle among themselves before ordering an auction, which is usually a last resort. For Hindu families, the partition follows the Hindu Succession Act.
let me know if you need any further help.
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