Partition Suit
Definition
Detailed Explanation
A partition suit is a civil action filed by one or more co-owners of property seeking division of jointly held property so that each owner receives their separate share. The right to seek partition is governed by the Partition Act, 1893, the Code of Civil Procedure, 1908 (Order XX Rule 18), and personal laws governing succession and family property.
The suit may be for partition by metes and bounds (physical division) or by sale where physical division is impracticable. Courts pass preliminary decrees determining shares and final decrees after actual division. In Hindu law, coparcenary property under the Hindu Succession Act, 1956 (as amended in 2005), and Muslim law principles of inheritance govern shares in family property.
Key aspects include: identification of all co-sharers; determination of shares; mesne profits for unequal possession; improvements and expenditures on property; and settlement of debts. Courts may appoint commissioners for local investigation and propose schemes for division. The principle of owelty (monetary compensation for inequality in partition) ensures equitable division when exact physical division is not possible.
Essential Elements
- 1 Existence of joint ownership or co-ownership of property
- 2 Right of plaintiff to claim partition (coparcenary right or ownership share)
- 3 Identification of all necessary parties (co-sharers)
- 4 Description and valuation of property
- 5 Determination of shares of each co-sharer
- 6 Scheme for division or sale where physical partition is impracticable
Leading Cases
Puttrangamma v. M.S. Ranganna
1968(1968) 3 SCR 683
Relevance: Explained principles governing partition of Hindu joint family property
Shub Karan Bubna v. Sita Saran Bubna
2009(2009) 9 SCC 689
Relevance: Discussed the right of a coparcener to seek partition and the effect of preliminary decree
Kuppuswami v. Arumugam
2005(2005) 1 SCC 681
Relevance: Held that all coparceners must be made parties to a partition suit
Vineeta Sharma v. Rakesh Sharma
2020(2020) 9 SCC 1
Relevance: Landmark judgment on daughters' coparcenary rights and equal share in partition
Usage Example
"The plaintiff filed a partition suit seeking division of the ancestral property among all the legal heirs after the death of the common ancestor."
Synonyms
Related Terms
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