How to move partition suit? Please guide with the procedure.

933 votes

Family partition may be by way of partition of the property by metes and bounds or by way of amicable settlement. In case of metes and bounds, you have to file a partition suit in the concerned Court of appropriate jurisdiction whereby by way of a decree passed by the Court the property stands partitioned in favour of the parties who get their respective shares of the said property. For the purpose of initiating the suit proceedings, the interested party has to put the other co-sharers of the property on notice of such proposed partition. The suit most likely takes 1-2 years for final disposal. In case of an amicable settlement, a petition has to be filed before the Tahasildar of the concerned jurisdiction where the property is situated, as per the provisions of the OLR Act. Thanks.

Advocate Sandipan Mohanty LawRato

624 votes

Accordingto supreme court partition may be partial or total withvrespect tothe family members of joint family or joint family property. Partition can be effected by agreement, will, mere declaration, arbitration, mutual conversation to another faith, by karta of the family and by suit.

Advocate Niraj Kumar Sethi LawRato

717 votes

Lots of things need to be known as the property belongs to HUF or not. Whether the property is self acquired or ancestral property etc. However if each and every person of the family has a right to acquire it then a Partition suit is to be filed in the civil court.

Advocate Ramesh Agarwal LawRato