To file a partition suit, which typically refers to a legal action taken to divide property among co-owners, you would generally follow these steps: Consultation with a Lawyer: Before filing a partition suit, it's advisable to consult with a qualified lawyer who specializes in property law. They can provide guidance on your legal rights, the specific laws applicable to your case, and the procedures involved in filing a partition suit. Gather Necessary Documents: Collect all relevant documents related to the property in question, such as title deeds, ownership documents, survey reports, and any agreements or contracts related to the property. Drafting the Partition Suit Petition: With the help of your lawyer, draft a partition suit petition. This petition should include details about the property, the names of co-owners, the nature of your ownership share, and the reasons for seeking partition. Filing the Petition in Court: Once the partition suit petition is prepared, it needs to be filed in the appropriate court. The court with jurisdiction over the property location typically handles partition suits. Pay the necessary court fees and submit the petition along with supporting documents. Court Proceedings: After filing the petition, the court will schedule hearings and notify all parties involved. During the proceedings, both parties will have the opportunity to present their arguments and evidence. The court may also appoint a commissioner to conduct a survey or valuation of the property. Decree of Partition: If the court finds in favor of partition, it will issue a decree outlining how the property will be divided among the co-owners. The court may order a physical division of the property or a sale of the property with proceeds divided among the co-owners. Execution of Decree: Once the decree of partition is issued, it needs to be executed. This may involve physically dividing the property or selling it as per the court's order. The court will oversee the execution process to ensure compliance with the decree. It's crucial to follow the legal procedures and requirements specific to your jurisdiction when filing a partition suit. Working with a knowledgeable lawyer will help ensure that your case is handled effectively and in accordance with the law.

To file a partition suit in India, follow these steps: 1. *Consult a lawyer*: Engage a civil lawyer specializing in property law to guide you through the process. 2. *Identify the property*: Clearly identify the property in dispute, including its location, boundaries, and details of joint ownership. 3. *Determine the parties involved*: Identify all co-owners and heirs who have a stake in the property. 4. *Gather documents*: Collect relevant documents, such as: - Title deeds - Property registration documents - Will or inheritance documents (if applicable) - Previous agreements or partitions (if any) 5. *Prepare the plaint*: Draft a plaint (complaint) stating: - The nature of the dispute - Details of the property and co-owners - Relief sought (partition and separate possession) 6. *File the plaint*: Submit the plaint to the appropriate civil court, usually the District Court or High Court, depending on the property's value and location. 7. *Serve notices*: Serve notices to all defendants (co-owners) informing them of the partition suit. 8. *Court proceedings*: Attend court hearings, present evidence, and argue your case. 9. *Decree and execution*: If the court rules in your favor, obtain a decree for partition and separate possession. Then, execute the decree to physically partition the property.

Dear client, A partition suit often involves division of real property like a home or farmland. In case of co owners are not agreeable to a partition of property in India, a partition suit is required to be filed before the appropriate court. Nevertheless, there are times when a partition suit also involves personal property like stocks. Partition is division of a joint property among several co owners so that each person gets a share and becomes the exclusive owner of the share alloted to him. It is generally affected by dividing property according to the shares to which each party is entitled. Each property gets a new title and each shareholder gives up his interest in the property in favour of others. Therefore, a partition is a combination of surrender and transfer of certain rights in estate except for those which are easement in nature. By virtue of partition, joint ownership comes to an end, and individual ownership is entitled. It is pertinent to note that the partition of property can be effected among those persons or shareholders who have a legal share in the joint property. A person or a party cannot be a party to partition of they do not have any share or interest in the property. 1. Law governing partition in India- In India partition can be effected through two channels - a. By virtue of Partition Act, 1893 b. By virtue of CPC, 1908 2. Methods of partitioning- It can be done through partition deed and Family settlement agreement. Also, partition suit can be a way for partition. 3. Limitations on filing a partition suit- Although a Partition suit can be filed at any time, according to Indian Limitation Act, the limitation period for filing the Suit for partition is 12 years. The Limitation period of 12 years commences with the notification of adverse claims to plaintiff or co- owners in public domain. 4. Court fee payable in partition suit - The amount to be paid for the purpose of Court Fee is determined by State in which suit for partition is being filed, as the amount varies from one state to another. 5. Procedure- Before instituting a suit for partition, it is necessary to issue a legal notice on the other co owners demanding partition of the property. The demanding party may also opt for instituting pre- Litigation mediation to see if there is any chance of settlement. If there is no response to the legal notice or the dispute continues or the mediation fails, a partition suit can be filed by producing all the relevant documents of the dispute before the court. 6. Types of decree passed by Court- There are three kinds of decress which are issued by the court in a partition suit- a) Preliminary decree, b) Composite decree, c) Final decree. Conclusion- In conclusion, the partition suit is a legal process that divides the property among co owners. Any or all the co owners of a property can file a partition suit. Any person having a share in the property, intended to be partitioned, can prefer a suit for partition. Should you have any queries, please feel free to contact us!