When a suit for partition is filed, the court appoints a local commissioner who inspects the property and submits a report. On the basis of this report, if it is ascertained that the property cannot be divided into individual saleable units, the court might order for the sale of the property, and the proceeds from the sale are distributed amongst the owners.
FAQ Category: Services
Where are the cases filed for partition of constructed properties?
For the partition of constructed properties, the cases are required to be filed before the civil court having appropriate territorial jurisdiction.
What circumstances lead to the institution of partition suit?
In case the co-owners are not in consensus for partition and any one of them wishes to go for partition, such co-owner can file for a partition suit to get the property divided into individual shares.
Where are the cases filed for partition of agricultural lands?
The cases for partition of agricultural lands are filed at the office of the Tehsildar under whose jurisdiction the land falls.
Can partition be done for residential property?
Yes, a partition can be done for all types of properties, i.e., agricultural, residential, or commercial.
What are the different kinds of partitions?
There are 2 types of partitions, contested and uncontested. In the case of contested partition, the co-owners of the property are not in consensus for partition and wish to contest for the same. On the other hand, in the case of uncontested partition, all the co-owners of the property mutually agree for partition.
Does the value of the property vary in the case of partitioned and unpartitioned lands?
Yes, the value of partitioned and unpartitioned land varies as partition land fetches a better price at the time of sale.
How is the share of individuals divided in the case of joint property?
The ownership rights of all the owners are equal in the case of joint property. The shares in the property are partitioned through a department or court of law, as the case may be.
What is a partition suit?
A suit instituted for the purpose of getting the joint property divided into separate portions according to the rights and share of co-owners is referred to as a partition suit.