Partition means to divide property between different individuals. There are widely three kinds of partitions, Partition Deed, Family Settlement, and Partition Suit. A partition deed has been introduced to divide property between different owners of the property by mutual consent in order not to ruin the peace of the family. However, under this, the settlement should be done on stamp paper and registered in the registrar’s office to avoid future conflict.
In the Family Settlement category, families settle the case through mutual understanding. Under this, the different owners of the property are not obliged to do any paperwork in the registrar’s office. On the contrary, they must sign a family settlement agreement to save themselves in any case of conflict.
Suppose there is a conflict between the co-owners of the property for a property that cannot be solved by mutual understanding and agreement. In that case, they can file a partition suit in India, where whatever the court decides, they must accept the court’s order. To file a partition suit in India, you have to go through the court’s procedure step by step sincerely.
Anyone directly or indirectly linked to a property can file a Partition suit in India. Co-owners of the property, for instance. However, if some property holders do not want to engage or participate in court, they can do so by choice.
Before filing a partition suit in India, you have to gather the following documents.
1. You have to produce the property heir’s identity card.
2. In case the owner of the property is dead, you have to produce an original legal death certificate and residence certificate.
3. Certificate of property valuation.
4. Title deed of the property.
To file a partition suit in India is not a five-finger exercise. You must follow all the steps to ensure your suit gets accepted in court.
First, Send a Notice
As a co-owner of the property, if you feel like your rights are being denied or you are not given what you should be getting as a co-owner, then you have every right to file a partition suit. To file a partition suit in India, you need to first send a legal notice to the owner or other property holder by consulting a lawyer. If the property holder is ready for settlement, then on no ground, you can file a partition suit. However, if the legal notice goes unnoticed or the property holder denies it, you should only file a partition suit.
File a Complaint
While dealing with the property matter, the law calls them the plaintiff who files the complaints. On the other hand, the law calls them defendants against whom the complaint is filed.
If the legal notice gets unnoticed, the plaintiff has every right to file a complaint against the defendant. The complaint should be filed in the correct format. It will include the plaintiff’s name and address, the defendant’s name and address, the complaint’s nature, and an affidavit showcasing the correct information.
Power of Attorney
You have to file a Power of Attorney to give your lawyer the right to present the case in court on your behalf. Power of Attorney is usually filed in the partition or property dispute-related issues when a person cannot present in court, is physically disabled, or is NRI, for instance.
Pay the Fees
After filing a Power of Attorney, you have to pay the court fees. This fee could vary from state to state and case to case. You can generate this information from your legal advisor.
If all goes well, the court will fix a date to hear the issue and give its decision in the next step. Please note that if the court finds the case baseless, it has every right to reject your partition suit.
A Legal Notice to Defendant
Now, the formality of filing a partition suit in India is complete. If your case needs attention, the defendant will receive a legal notice from the court ordering them to make their presence in the court on the next hearing date.
On receiving the court’s order, the defendant must submit a written statement within 30 days in response to the plaintiff’s complaint. If the defendant cannot reciprocate the complaint within 30 days of receiving the court’s order, then with the court’s permission, they can file the statement in another 60 days.
Submit Relevant Documents
Once the court has written statements from both sides of the party, it will ask them to produce proof through legal documents. It is the court that will decide the accuracy of each document.
The court will then give 15 days to both parties to present their witness in court.
On the basis of the documents produced in the court, statements, and witnesses, the court will give its final order. After that, both parties can collect the certified written order from the court.
To file a partition suit in India, you have to go through several steps. You also must ensure that whatever documents you provide to the court during the process are legal. In case of an extensive property dispute, you should consult your legal advisor.