What is partition suit in Court?
What is partition suit in Court?
The term partition implies division of property, owned jointly by more than one person. In case there is a dispute between the family members, the parties can file a case in the Court, commonly referred to as the partition suit.
When can a partition suit be filed?
Limitation Period for filing partition suit Article 65 of The Limitation Act 1963 prescribes a time period of 12 years within which a person may file a suit for partition.
How long does a partition suit take in India?
Generally a partition suit takes 3 years for completion. The grant of preliminary decree takes around 2 years and another 1 year is given by the Court for obtaining the share in the property.
Who are the necessary parties in a partition suit?
Every person other than plaintiff, interested in the property must be made a defendant in the partition suit. In some jurisdictions, indispensable cotenants not uniting in the suit are made defendants to the partition suit [iv]. When a cotenant transfers his/her interest, the purchaser or grantee is a necessary party to a partition suit.
How are fees calculated in a partition suit?
Partition suits.- (1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff whose title to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share.
Which is the instant suit filed for partition?
Instant suit was filed for partition by daughters of Late Palanisamy Gounder against his sons was dismissed by the trial court while upholding the validity of the release deed executed by the plaintiffs. Aggrieved by the above decision of Trial Court, the appeal was preferred by the plaintiffs.
Who was the first person to file a suit for partition?
1.The first respondent and his mother filed a suit for partition against petitioner and two others in the year 1960 in the court of the First Additional Judge, Muzaffarnagar, for partition and separate possession of their one-third share in the plaint schedule properties and for rendition of accounts.
Every person other than plaintiff, interested in the property must be made a defendant in the partition suit. In some jurisdictions, indispensable cotenants not uniting in the suit are made defendants to the partition suit [iv]. When a cotenant transfers his/her interest, the purchaser or grantee is a necessary party to a partition suit.
Can a partition lawsuit force the sale of a property?
Whether the parties are family members, friends or business associates, disputes over the co-ownership of property are addressed through partition lawsuits. A partition lawsuit asks the court to force the division or sale of the property.
Instant suit was filed for partition by daughters of Late Palanisamy Gounder against his sons was dismissed by the trial court while upholding the validity of the release deed executed by the plaintiffs. Aggrieved by the above decision of Trial Court, the appeal was preferred by the plaintiffs.
Why was partition suit rejected by Del HC?
The said application sought rejection of plaint (partition suit) on two grounds — that the suit lacked cause of action and the suit was time-barred. The plaintiff was the son of defendant’s deceased brother. The property in question originally belonged to Kundan Lal Kapur, the father of the defendant.