Partition in general means separation. When we talk about partition suits, it means a suit for dividing the shares in a property co-owned by two or more persons. It is not very uncommon in India for people to have common interest in a property, and in such cases, it is not very rare for disputes to arise. In similar circumstances, Civil lawyers come to the rescue of the troubled. Here, we are discussing the legal requirements and the technicalities of suit for partition and possession under the Indian laws. 

What is a suit of partition?

A partition suit hints at the dispute regarding a jointly owned property, commonly by the members of a family which leads the parties to seek partition by filing a suit before the Court. The Hindu Succession Act, 1956 and the Indian Partition Act, 1893 are the governing laws for suit for partition and possession in India.

What happens in a suit for partition?

The object of a partition suit or separation of shares is to seek declaration of share in the suit properties for the plaintiff(s) under the preliminary decree. The preliminary decree leads to identification of the suit properties to be subjected to partition, definition and declaration of shares/rights of the parties. The second part of the same is to seek division of plaintiffs’ share, which takes place under the final decree. In certain circumstances, the property is kept for sale and the proceeds have to be shared among the shareholders - the final decree. The Court at a point may issue a Commission for physical examination of the various aspects and conditions of the suit property to be divided so that  partition or separation of property is done in accordance with the rights declared by the court in the preliminary decree. 

Who can file a partition suit?

A suit for partition may be initiated at the instance of one or all of the co-owners of the property. Thus, regardless of whether a person holds 5% share or 50% share in the joint property, he/she can individually initiate partition through a legal suit. If two or more or all of the co-owners are on the same page, a partition suit may be filed by them. Under Hindu law, a coparcener is entitled to initiate suit for partition as he/she has had legal interest in the ancestral property since birth. 

Who cannot file a suit for partition?

Any person who does not have a legal share in the property in question cannot initiate a partition suit under CPC. Even under Hindu law, a person who is not a coparcener cannot seek partition. A mother in a joint family is also not entitled to seek partition through an unborn coparcener. 

What is the limitation period of suit for partition?

The partition suit limitation is not expressly provided. Thus, it may be initiated at any time by any one or more of the co-owners. However, once a decree for partition is passed by the Court, the limitation period for execution of the same is 12 years as per Article 136 of the Limitation Act, 1963.