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Family Property Partition in India

Partition Deed is the first step to resolution in an ancestral property case when a partition suit is filed. Partition Suit in India helps you to get your rightful share after finalizing the deed of partition in Court. As per Property Dispute Indian law, each person in the family gets their fair share of the property, especially after a partition deed between two brothers or family members is made. There are certain rights under the family property act that you get as explained in our video!

Often when you are looking for property in India, you go through a list of properties. But still, you don’t find "the one" so easily.

One comes across so many issues while looking for a suitable property. Sometimes, the issues are more inherent, like dealing with ancestral property partition.

Often division of property in India happens because each family member wants his/her own share.

But in the push and pull of how to divide the land between family, often creates many family property disputes. In such cases, one should know clearly about the land dispute laws in India.

Property Laws in India state that a property can be inherited up to four generations of male lineage, which means father, grandfather, great-grandfather, and great-great-grandfather and that is called ancestral property.
However, when no one follows the property division rules in India amicably between family members, then the court needs to interfere. And to resolve disputes, partition deed of the property plays a huge role.

It is a legally binding document ensuring that the execution of a partition deed provides each party his/her fair share. Therefore, leading to following the partition suit law in India.

Indian Law for Property Distribution between Brothers and Sisters

Partition under Hindu Law states that none should divide property till the fourth generation upwards. However, until the Hindu Succession Act, 1956 was amended in 2005, the law of property in India for daughters and sons was different.

Like in earlier times, the son had the complete power over the father’s property as per property division law. Whereas, the daughters had right only till they got married. After marriage, a daughter was a part of her husband’s family.

But today the Indian law for property distribution between brothers & sisters have been refined.

Once this partition agreement was altered, then every daughter, whether she was married or unmarried, was considered a member of her father’s (Hindu Undivided Family) HUF. She could then be appointed as the ‘karta’ or manager of her father’s HUF property even.

Ancestral property includes self-acquired property too.

According to the property divide rule in India, any property divided through a partition deed, family arrangement, etc. loses its ancestral character.

So,  to understand your matter complexity, you need to have a lawyer consultation to get it resolved.

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Consult: Property Law Lawyers in India

Indian Law and Family Disputes Over Property

How often do you hear about feuds and family partition disputes nowadays?

Enough for sure!

Never ending cases seem to keep on appearing and reappearing in court discussing the family property law in India.

Gone are the days when joint families sought to keep the members together. They ensured that everything was shared equally between brothers and sisters.

Today, the partition of property among family members has become a pressing matter.

Property dispute cases have become one of the ugliest legal issues in India.

However resorting to daily drama and indecision from the family members, the partition of property requires a legal eye. Moreover, a steady hand of the law to make sure there is a property settlement deed between family members. But reaching that point is very difficult!

What is Partition of Property under Hindu Law?

Hindu Succession Act 1956 governs the partition in Hindu Joint Family. Whereas Hindu Undivided Family (HUF) and the Hindu Partition Act of Property 1892 governs the division of property of jointly-owned property by two or more co-owners.

This process begins with the filing of a partition suit in India.

Under the above-mentioned law of property in India, you will find that whenever we decide to divide property,

  • it is either on mutual negotiation on how it shall be done,

  • or there is a dispute which you need to take to the court.

Next, the court considers the claims and their rights on the property. So, as to pass an order giving each shareholder the deserving portion, as per the partition act, India.

Property Distribution Law in India

One of the known facts is that everyone at the time of their birth automatically gets a share in the joint family property.

However, a person has a share in the property up to three degrees of ancestors (i.e. his father, grandfather, and great-grandfather). Such property is termed as ancestral property.

The property partition law for a joint family in India states that an ancestral property can be divided on the basis of making a family partition agreement.

This is subject to the personal laws of inheritance where Hindus, Muslims, and Christians have different standings under family property division.

The people who have a share in the ancestral property, are a direct lineal descendant of a common ancestor, up to three degrees next to the common male ancestor.

The jointly owned ancestral property can be divided following the property division law in India or you can reach a conclusion of dividing property through negotiation.

People who have a portion in the ancestral property are called coparceners. In other words, they are co-owners of the property.

A coparcenary includes the eldest member of a family and three generations, where a member of the coparcenary can later sell their portion to a third party.

Also, a coparcener can file a suit asking partition action of the coparcenary property, by filing a deed of partition between co-owners, but not a member.

Today, even a daughter, as a coparcener, can demand the partition of a house or business or any property that belonged to her father.

Property Law of Partition in India also states that an ancestral property division happens either by family settlement deed or by filing a suit of partition in the Court.

Top Read: Women Share in Ancestral Property

However, the parties find it hard to complete these problems by themselves in the absence of expert guidance, examples, and legal advice. Settlement of issues about the partition property inherited or jointly owned by two or more persons sometimes involve a lot of legal issues.

To claim a share in the property, there are several modes of dividing property that is jointly-owned between the co-owners.

Also to note, self-acquired property in India cannot be divided during the lifetime of the person who acquired it, but self-acquired property becomes a part of the ancestral property on the death of such person.

However, the person can grant the self-acquired property through his/her will to any person he/she wants.

What all does the Act of Partition involve?

Firstly, in India, the division of property happens when two or more people have joint ownership. This has to be in some immovable ancestral or parental property like a house or a plot or land, etc.

Where either of the persons or both of them want to own their share of property separately. Then arises the need for the partition of property.

Once the families decide to separately claim their portions in the disputed property, a partition suit is filed.

So, what is a partition suit?

Well, when a party or parties claiming rights over a piece of land or building files a case in the court in the essence of which the property dispute in family arose, this is partition suit definition.

If the family members are happily ready to negotiate about the property partition, then one needs to formulate a partition deed following the property or land partition act.

It defines the respective portions of the property to each party claiming their right over it. A deed of partition also needs the approval by the Court.

It is an official document created either by the order of the Court or through the negotiation by the parties.

This new partition deed must be registered at the office of the Sub-Registrar to give it a legal and binding effect. Next, register and execute it on a stamp paper in a clear and unambiguous manner. It specifies the share of each person and the date of the partition property.

However, if the families still need to settle this in the court, then they need to file a suit of partition in Court, where the case proceedings take place.

 

Apeksha Pandita
Published on 4th Feb, 2019
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