All About Partition Suit


The word ‘partition’ is derived from the Latin word ‘partiri’1 meaning ‘divide into parts’. Relating this word with Law, the action of partition involves the division of real property like a home or some land, sometimes it also involves personal property like stocks.

Partition is basically a division of property among several co-proprietor so that each person gets a proper share and becomes the exclusive owner of the share allotted to him. It is generally affected by dividing property according to the shares to which each of the parties is entitled. In other words, it is also known as re-distribution or adjustment of pre-existing rights among co-owners. Each divided/assigned property gets a new cognomen/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 rights.


Filing of a complain (or petition) asking for legal redress by judicial action often called a “lawsuit.”

The lawsuit – a legal action by one person or entity against another person or entity to be decided in a court of law, sometimes just called a “suit”.

The legal claims within a lawsuit are called ’causes of action’


The idea of partition Act was forwarded to the Union Minister of Law and Justice, Ministry of Law and Justice, Government of India by Dr Justice PV Dikshit, Law Commission of India on August 27, 1980.

This was the idea then which is the original draft written by DR. JUSTICE PV DIXIT in order to make amendments in the existing act so that it solves the problems of practising the act.

Following are the amendment that was suggested: (directly from the report)

  1. For overcoming practical difficulties experienced in course of the working of the act;

  2. For removing drafting defects and obscurities which have caused difficulty in the interpretation of the statute;

  3. For ensuring the better fulfilment of the purposes of the Act;

  4. For removing lacunae in the existing provisions.

These were the amendments suggested in the draft.



  • This involves a mutual understanding between both the partners.
  • Partition to be executed in stamp paper and should be registered with the sub registrar’s office.
  • Through registration, I league and binding.
  • For peaceful division, an agreement between the family members through negotiation and talking is done.

  • Follows the same paths of the partition deed except for one thing that is registration and Stamping
  • Signs of family members is an essential aspect that is to be followed.

  • Partition suit when disagreement occurs between co-owner or Co proprietors then one of them can file a partition suit in the court which involves jurisdiction.
  • To file a partition suit there is a limitation of 3 years from the date when the right to sue occurs beyond which the Suit would be stuck by the law of limitations.


  • If one decides for partition, he first has to issue a legal notice on the other co-owners demanding partition of the property/s.3

  • Later chances of settlement are also taken into consideration if other co-owners are willing and demanding.

  • If no such thing involves then the suit may further proceed by submitting the documents pertaining to the dispute before the Court.

  • After hearing all the arguments and examining the case in hand the court determines the claims and rights of all the partners.

  • The local commissioner is appointed by the court if at all the court feels that the given property cannot be partitioned through a partition suit.

  • This Local commissioner then evaluates or examines the given property and the aspects related to it after that it submits this report and according to that the court determines the shares of each co-owner and then the partition of the property is done by metes and bounds.


  • Partition suit deals with Property (movable and immovable), Shares, etc.

  • There are certain aspects of the cost of Partition Suit-

  • Stamp Duty charges under the Indian Stamp Act,1899

  • Registration Act,1988 under the office of Registrar and sub-registrar.

  • The court fees in any case of partition is an issue of the state and it differs from state to state.

  • Partition suit involves rupees 500 as the court fees.4

  • In case of injunction rupees, 50 is to be paid

  • When the court delivers its order each shareholder or co-owner is supposed to pay a court fee of rupees 500.

Suit for partition/for individual custody of shares:

Case 1- Denial of complainant’s title in joint family property/ separated possession of Property.

FEES- shall be cost on the market value of complainant’s share in the property.

Case 2- In a suit for partition and separate possession of complainant who is in joint possession of joint family property or property owned in common.


  • Rupees 15 if the value of complainant’s share is Rs. 3,000 or less.

  • Rupees 30 if the value is above Rs. 3,000 but not more than Rs. 5,000.

  • Rupees 100 if the value is above Rs. 5,000 but below Rs. 10,000.

  • Rupees 200 if the value is Rs. 10,000 and above.

Taking into consideration the Partition Act, 1893

CASE 3- A suit falling under sub-section (1) or sub-section (2), a litigant claims partition and separate possession of his share of the property,

  • FEES – shall be payable on his written statement computed on half the market value of his share OR

  • half the rates specified in sub-section (2), according to such litigant has been excluded from possession or is in joint possession.

CASE 4- In a suit falling under sub-section (1) or sub-section (2), the litigant or the appellant seeks cancellation of a decree or other documents of the nature specified in Section 38 separate fee shall be payable on the relief of cancellation in the manner.


  • The crucial laws that govern the partition are the Partition Act,18936 and Civil Procedure Code, 1908.7

  • Laws that govern under CPC are section 54, order 20, rule18 and Section 54, Order 26, Rule 13 & 14.

  • Section 44 of Transfer of Property Act,18828


  • For Individual possession of shares partition between co-sharers is done.

  • Separation of share is a restricted partition, where only a few among several co-owners get separated while the others continue to hold the remaining property jointly without division by metes and bounds.

  • Example- If two sons and two daughters who own a property and decide the distribution of the said property among themselves by metes and bounds it then is called a partition, but if only one daughter wants her share to be separated and other siblings continue to remain in joint ownership then there is only a separation of a share of one daughter.


PRELIMINARY DECREE- It Identifies the properties to be subjected to partition, also defines and declare the shares or rights of the parties.

COMPOSITE DECREE- In case of immovable properties such as plots, buildings, etc. or movable property, when there is no confusion or irregularity in the partition the court then passes a composite decree comprising preliminary decree which then declares the rights of several parties.

FINAL DECREE- After the preliminary and composite decree follows the final decree which divides the suit properties by metes and bounds in a single judgement.


1 Oxford Languages. (Google)


This article is authored by Sadakhatoon Mohammed Azheruddin Shaikh, Second-Year, B.A. LL.B, student at A.K.K. New Law Academy, Savitribai Phule Pune University.

Also Read – What Are the Documents You Need to Check Before Buying Property?

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