hw final partition of a property is likely done in partition suit case

819 votes

In a partition suit involving an unregistered property, the court typically considers the undivided share of each co-owner based on legal heirship or succession, not the physical occupation or number of rooms. The fact that a widow daughter-in-law has been residing in one room for 30+ years may provide her limited possessory rights, but it does not amount to ownership unless supported by a will or gift deed. Partition will be done on a pro rata basis considering the total land area (1440 sqft), and each of the 5 co-owners will generally receive an equal share unless otherwise proven. The property may be divided by metes and bounds if feasible, or else through sale and distribution of proceeds. The seniority or gender of the daughters has no legal impact on their entitlement under Hindu Succession Act if all are co-owners. for further discussion kindly contact me.

Advocate Pallavi Saha LawRato

848 votes

when the preliminary decree of partition has been passed by the Court, then the entitlement of the parties in terms of share has been declared. Now if the property consists of land and building then the court appointment partition commissioner will measure the entire land and the building. Then he will get the entitlement of each of the parties in terms of quantum as per the declared share. Thereafter, the entire land and building has to be considered by the commissioner and he will make sure that each of the parties get the property as per this share. So if there are 5 co owners will get 5 rooms (assuming 5 rooms are of equal size) keeping the stair, entrances common. If there are differences in size then whoever get the less sized rooms will get small rooms having regard to their entitlement.

Advocate Ritam Banerjee LawRato