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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 get your rightful share after finalising the Partition Deed 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 is made between two brothers or family members. There are certain rights under the Family Property Act, which you can learn from the video below.
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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 discussions on how to divide the land between family often create family property disputes. In such cases, one should stand clear 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. However, when one does not follow the property division rules in India amicably, the case can be taken to court. And to resolve disputes, Partition Deed of the property ensures that the execution of partition provides each party his/her fair share.

Need more expert consultation on your partition deed? Get instant online expert advice from top property lawyers now!

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[1] was amended in 2005, the law of property in India for daughters and sons were different.

Today, the Property Law in India states that every girl child, whether she's married or unmarried, will be considered a member of her father’s HUF (Hindu Undivided Family). She could also be appointed as the ‘karta’ or manager of her father’s HUF property.

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.

Therefore, to secure the rights on your property and resolve matters regarding your Partition Deed smoothly and effectively, we recommend you to opt for MyAdvo’s expert lawyer consultation now!

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Consult: Property Lawyers in India

Indian Law and Family Disputes Over Property

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 need for the partition of property among family members has become a pressing matter. Due to indecision from the family members, the partition execution requires a steady and unbiased hand of the law to rule out a fair settlement.

What is Partition of Property under Hindu Law?

Hindu Succession Act, 1956 governs the partition in Hindu Joint Family. Whereas the 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 property law 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[2] , India.

Top Read: Encourage registration of family land partition deeds, Nitish Kumar

Property Distribution Law in India

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

What does the Act of Partition involve?

Firstly, in India, the division of property happens when two or more people have joint ownership over any immovable ancestral or parental property like a house or a plot of 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.

What is a Partition Suit?

When a party or parties claim rights over a piece of land or building and files a case in the court due to a property dispute which arose in the family is called a Partition Suit.

If the family members are happy to negotiate about the property partition, then one needs to formulate a Partition Deed following the Partition Act. It is an official document created either by Court Order or through the negotiation by the parties. It defines the respective portions of the property to each party claiming their right over it.

A deed of partition also needs approval by the Court. This new partition deed must be registered at the office of the Sub-Registrar to give it a legal and binding effect. Next, the party or parties have to get the deed registered and drafted 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 court, they need to file a Suit of Partition in Court, where the case proceedings will take place.

External Links:

[1] Hindu Succession Act, 1956 - www.indiacode.nic.in

[2] Partition Act, 1983 - www.delhihighcourt.nic.in

 

 

Reviewed by:
Antim Amlan
Associate - Legal, MyAdvo Techserve Pvt. Ltd.
Published on 23rd Jul, 2019
87,791 views

Antim Amlan is an expert corporate lawyer for MyAdvo who has experience of working with many renowned companies and firms, including Orbit Law Services, Vodafone India Ltd, Dave & Girish & Co., Lex Protector, Mehta & Kapoors.

He finished his BA LLB(Hons.) from National Law University Odisha, Cuttack. He maintains a blog wherein he wrote on company law, securities law, banking, and finance.

LinkedIn: https://www.linkedin.com/in/antimamlan