When to File a Partition Suite

543 votes

In self acquired property of your parent you can not seek partition during his/her lifetime. However only after intestate death of parent, property can be partitioned as per Hindu succession act. For further clarification feel free to connect. Thanks

Advocate Bhawana Pandey LawRato

630 votes

If the property is self-acquired by the parents, a partition suit generally cannot be filed while they are alive because the children have no automatic legal share in such property. The parents are the absolute owners and are free to sell, gift, or transfer it as they wish. A partition suit becomes valid only if the property is ancestral, or after the parents pass away without a will, when the daughters become equal Class-I heirs. Filing the suit earlier may be rejected for having no proper cause of action.

Advocate Nikhil Karwal LawRato

668 votes

You can file a partition suit in the district court and for that you need to share more details about your case. For detailed discussion on the procedure you may contact our team for a consultation on how to proceed further.

Advocate Avinash Gaur LawRato

538 votes

On the facts stated by you, where both parents are alive and the property in question is their self-acquired/self-owned property, the legal position is fairly settled. During the lifetime of the parents, children—whether sons or daughters—do not have any vested right or share in the self-acquired property of the parents. The parents are the absolute owners and are legally entitled to deal with such property in any manner they choose, including selling, gifting, or bequeathing it, without the consent of their children. A partition suit is maintainable only when the claimant has a legal share in the property. Since self-acquired property of living parents does not confer any present right on the children, a partition suit cannot be filed during the parents’ lifetime merely because there are two sisters or because the property may eventually devolve upon them. Any such suit would be dismissed as not maintainable. The right of the daughters would arise only after the death of the parent(s), and that too depending on whether the parent dies intestate or leaves behind a will. If the parent dies intestate, succession will take place as per the applicable personal law, and only then can partition or division be sought among the legal heirs. If the parent executes a valid will, the property will devolve strictly in accordance with the will. In summary, when parents are alive and the property is self-owned, no partition suit can be filed by the daughters. Legal remedies arise only after succession opens, not during the lifetime of the absolute owner.

Advocate Yuganshu Sharma LawRato

826 votes

If the property is self-acquired property of your parents and they are still alive, you cannot file a partition suit during their lifetime. In case of self-owned/self-acquired property, the absolute owner (your parent) has full rights to sell, gift, transfer or bequeath the property to anyone. Children, whether sons or daughters, do not have a legal share by birth in self-acquired property. Your right will arise only after the death of the parent, and that too if the property is left intestate (without a Will). However, if the property is ancestral/coparcenary property, then daughters (being coparceners under the Hindu Succession Act, 2005 amendment) can seek partition even during the lifetime of the father.

Advocate Madhvi Chopra LawRato