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Quick Answer
A partition suit divides jointly-held immovable property into separate shares. For Hindu joint families under Mitakshara school, partitions involve all coparceners (after the 2005 amendment to Hindu Succession Act, daughters are equal coparceners). The suit goes through preliminary decree (declaration of shares) and final decree (actual division by metes and bounds, often through court-appointed commissioner). Family settlement deeds are an alternative but require all members' agreement and stamp duty under the relevant state Stamp Act.
Statutory reference
Order XX Rule 18 CPC 1908
A partition suit is filed in the civil court where the property is situated, by any co-owner — and after the 2005 amendment to the Hindu Succession Act, daughters hold coparcenary rights equal to sons, including in properties inherited long before. The suit proceeds in two stages: a preliminary decree declaring each sharer's fractional entitlement, then a final decree physically dividing the property (or ordering sale and distribution where division is impracticable, as with a single flat). The realistic paths to resolution are three: a negotiated family settlement recorded before the court, court-referred mediation, or the full trial. Because possession, rental income and mesne profits accrue while the suit runs, interim arrangements — who occupies, who collects rent — are often fought as hard as the shares themselves.
Worked example
Three siblings inherit their father's Delhi house; the eldest brother occupies it and refuses to divide. The sister — an equal coparcener post-2005 — files a partition suit, claiming her one-third share plus mesne profits for her excluded years. The court passes a preliminary decree of one-third each; since a single built-up house cannot be split three ways, the parties are referred to mediation, where the occupying brother agrees to buy out both siblings at a valuer-determined price of ₹1.1 crore each, paid in two instalments recorded in the final decree. Time: 3 years — against 8-10 for a fully contested trial to sale.
Related practice areas
Civil suit for division of jointly-held property among co-owners or coparceners. Filed under Order XX Rule 18 CPC. Hindu joint family partitions involve Mitakshara coparceners and require all coparceners' joinder.
Partition Suit is governed by Order XX Rule 18 CPC 1908. A partition suit divides jointly-held immovable property into separate shares. For Hindu joint families under Mitakshara school, partitions involve all coparceners (after the 2005 amendment to Hindu Succession Act, daughters are equal coparceners). The suit goes through preliminary decree (declaration of shares) and final decree (actual division by metes and bounds, often through court-appointed commissioner). Family settlement deeds are an alternative but require all members' agreement and stamp duty under the relevant state Stamp Act.
Partition Suit falls under Property & Real Estate, Family & Matrimonial. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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