Skip to content
Pravesh DabasAdvocate Delhi, India

03 · Property & Real Estate

Partition of Property

Partition divides jointly owned property among its co-owners, so each holds a separate share.

Dividing jointly owned property among its co-owners.

What this covers

  1. 01Partition suits
  2. 02Partition of Hindu joint family property
  3. 03Partition by family settlement or deed
  4. 04Determining shares of co-owners and heirs
  5. 05Sale of property where it cannot be divided

How it generally works

Any co-owner can seek partition. Where the parties agree, partition can be done by a deed or family settlement; otherwise a suit for partition is filed.

A partition suit usually proceeds in two stages: a preliminary decree that declares each party's share, and a final decree that divides the property by metes and bounds. A local commissioner may be appointed for the division.

Under the Partition Act, 1893, the court may order the property to be sold and the proceeds shared where physical division is not reasonably possible.