property law partition law suit property

695 votes

If a person dies without a will (intestate), their estate will be distributed to their legal heirs through a succession certificate obtained from the Honorable High Court. If there are disputes among the legal heirs regarding the distribution of the estate, they can file a partition suit to resolve the issues. Kindly contact me for further information.

Advocate Abhinav A. Bhatkar LawRato

538 votes

1. Mandatory Requirement to Serve Legal Notice in a Suit for Partition of Property: While it is not mandatory to serve a legal notice prior to filing a suit for partition of property, it is generally advisable to do so. Serving a notice demonstrates an attempt to amicably resolve the matter before initiating litigation. Courts often view such attempts favorably. However, in case of urgency or if amicable resolution is not possible, you may proceed directly with the suit. 2. Procedure for a Suit for Partition of Property: Step 1: File a plaint before the appropriate civil court with jurisdiction over the property, clearly outlining the facts, your share in the property, and the relief sought (partition and possession). Step 2: Ensure that all necessary parties (co-owners/legal heirs) are included as respondents in the suit. Step 3: Along with the plaint, submit supporting documents such as title deeds, mutation records, family tree, or any other relevant evidence establishing ownership and rights. Step 4: Once the suit is filed, the court may issue summons to the respondents to appear and present their case. Step 5: Based on evidence and submissions, the court may pass a preliminary decree declaring the shares of each party. Thereafter, a final decree is passed, and physical partition (or sale and distribution of proceeds) is effected, often with the assistance of a court-appointed commissioner. 3. Self-Acquired Property When the Deceased Left No Will: In the absence of a will, the self-acquired property of the deceased is distributed as per the laws of intestate succession under the respective personal law: Hindu Succession Act (if applicable): The property is divided among the Class I legal heirs, including the spouse, children, and mother of the deceased. Other Personal Laws: The rules of succession vary depending on the religion of the deceased and should be examined accordingly. Should you require assistance in serving legal notices, drafting, or filing a partition suit, our firm is equipped to guide and represent you through the process. Feel free to contact us for further assistance or clarification. Warm regards, Jairam Chandnani Advocate Lexim Associates

Advocate Jairam Chandnani LawRato

581 votes

If the deceased has left no Will then the property will be divided equally amongst the legal heirs. Also, it is always good to issue a notice before seeking partition of the suit property/ies as it gives a scope for settlement before pursuing litigation. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato