Division or Property Partition in India
Under Indian partition laws, an owner can partition two types of property: ancestral and self-acquired. Both types follow different legal processes for division
Self-Acquired Property
--and--
Ancestral Property
Self-Acquired Property
- Owned by an individual through personal effort or resources.
- Acquired through earnings, gifts, or personal inheritance.
- Full control and discretion lie with the person who acquired it.
- Can be sold, transferred, or bequeathed without restrictions.
- It does not belong to the family lineage and is separate from ancestral property.
Ancestral Property
- Inherited from ancestors, typically up to four generations.
- Belongs to the family as a whole, not to any single individual.
- Cannot be freely sold or transferred by one person without family consent.
- Property is passed down and shared equally among heirs.
- It is considered part of the family heritage and lineage.
How to File a Partition Suit for Self-Acquired Property:
- Ownership and Title Proof: Ensure that you have valid documents proving ownership, such as sale deeds, gift deeds, or inheritance certificates.
- Prepare the Petition: Draft a partition suit petition, which includes details like the property description, ownership proof, and the division request.
- File the Suit: Submit the petition in the civil court where the property is located. You’ll need to pay the required court fees based on the property value.
- Serve Notice: The court will issue a notice to all concerned parties (if there are any co-owners), informing them of the suit.
- Court Proceedings: Attend the hearings, present your evidence, and argue for your rightful share of the property. The court will issue a decree for partition if it’s satisfied with the claims.
How to File a Partition Suit for Ancestral Property:
- Establish Ancestral Rights: Prove that the property is ancestral and belongs to multiple heirs by providing family records, genealogical evidence, or property documents.
- Prepare the Petition: Similar to a self-acquired property suit, draft the partition suit petition mentioning the ancestral status of the property, the family members involved, and the requested division.
- File the Suit: Submit the petition in the civil court in the jurisdiction where the property is located and pay the required court fees.
- Notice to Heirs: The court will issue notices to all legal heirs, who are parties to the partition, informing them about the suit.
- Court Hearings and Final Decree: After considering the evidence and hearing all parties, the court will issue a final decree for partition, which divides the property among the heirs in accordance with law.
For both types of property, seeking legal assistance from a lawyer is highly recommended to ensure the process is correctly followed.