Partition

Under Hindu law, partition of family property can be done under the Hindu Succession Act, 1956 and the Hindu Partition Act, 1893. The Hindu Succession Act, 1956 applies to the partition of self-acquired property and ancestral property among the legal heirs of a deceased Hindu. The Hindu Partition Act, 1893 applies to the partition of joint family property or coparcenary property among the coparceners of a Hindu undivided family. A coparcener is a person who acquires a birth right in the joint family property by virtue of being born in a four-degree relationship with the last holder of the property. A coparcener can demand partition of his share in the joint family property at any time and by any mode, such as by notice, suit, agreement, etc. A partition can be either total or partial, that is, it can affect all or some of the coparceners and all or some of the properties.

Under Muslim law, partition of family property can be done under the Muslim Personal Law (Shariat) Application Act, 1937 and the Muslim Women (Protection of Rights on Divorce) Act, 1986. The Muslim Personal Law (Shariat) Application Act, 1937 applies to the partition of self-acquired property and inherited property among the legal heirs of a deceased Muslim according to their respective shares as per the Shariat law. The Muslim Women (Protection of Rights on Divorce) Act, 1986 applies to the partition of matrimonial property between a divorced Muslim woman and her former husband. A divorced Muslim woman is entitled to a reasonable and fair provision and maintenance from her former husband within the Iddat period (three months or till delivery of child), as well as her Mehr or dower, and all properties given to her before or at the time of marriage or after her marriage by her relatives, friends, husband or his relatives or friends.

A suit for partition of ancestral property can be filed by any coparcener who wants to separate his or her share from the joint family property. The suit can be filed in the civil court having jurisdiction over the place where the property is situated or where the defendants reside. The suit should contain the details of the property, the names and shares of all the coparceners, the mode of partition desired, and the relief sought. The suit should also be accompanied by a court fee and a valuation report of the property.

The court will issue summons to all the defendants and hear their objections, if any. The court will also appoint a commissioner to inspect and divide the property according to the shares of the coparceners. The commissioner will submit a report to the court along with a map of the partitioned property. The court will then pass a decree for partition based on the commissioner’s report and the evidence and arguments of the parties. The decree will specify the share of each coparcener and allot them separate possession of their respective portions. The decree will also provide for adjustment of liabilities, if any, among the coparceners. Volve physical division of the property or allotment of equivalent value.