Partition and separate possession

872 votes

A suit for partition and separate possession in India is a civil legal remedy used by a co-owner, coparcener, or legal heir to demand a fair division of joint family or co-owned property and physical possession of their specific share

Advocate Dhanalakshmi U LawRato

692 votes

Under Hindu succession law, a daughter (whether her parents are divorced or not) remains a Class I legal heir of her biological father and retains independent coparcenary or succession rights in his ancestral and self-acquired properties, unaffected by the marital dissolution of her parents. In this scenario, when the grandfather passed away intestate in 2016 leaving behind his wife, son, and two daughters, his estate devolved equally among all Class I heirs under Section 8 of the Hindu Succession Act, 1956. Upon the subsequent demise of the grandmother in 2026, her fractional share further devolved equally among her surviving children (the son and two daughters). Since the RTC presently stands in the name of the three siblings, the major daughter is legally entitled to file a comprehensive civil suit for partition and separate possession before the jurisdictional civil court. Through this suit, she can claim her rightful fractional share derived through her father's ancestral lineage and her grandmother's intestate succession. The divorce of her parents has no legal bearing on her bloodline succession rights, and she can successfully seek a preliminary decree defining her specific share followed by a final decree for metes and bounds division.

Advocate Praveenkumar S LawRato