Introduction
In India, we have a bundle of laws relating to different issues of various areas. Indian Penal Code deals with Criminal Mattes, Code of Civil Procedure deals with the procedural laws, Indian Constitution gives guidelines to every other law, for the reason it is called as the Mother of all laws. Likewise, we have the Family Law dealing with all the family-related problems in and around the society such as the divorce, marriage, adoption, guardianship, succession, and disposition of property, inheritance, and many more. Under all these laws the most vital role is played by the partition of joint family property. The joint and undivided family is the condition of a welfare society. The law of inheritance comprises the rules which govern the devotion of property on the death of a person upon other persons solely on account of their relationship to the former. In India there are various laws dealing with the partition of the property, they are The Transfer of Property Act, 1882, Partition Act, 1893, the Indian Succession Act, 1925, Hindu Succession Act, 1956.
Partition
According to the Black’s Law dictionary, Partition means the dividing of lands held by the joint tenant, coparceners, or tenant in common, into the distinct portion, so that they may hold them in severalty. It the basically the division of real or personal property between co-owners or co-proprietors. Under all the partition laws, partition means to divide or to separate any real property by way of a court’s order or to divide any concurrent estate into which are separated and each one of them represents the proportionate interest of the owners of the property. Partition of the property clearly allows the family members to claim their respective shares and divide the property which was enjoyed as a whole previously.
What is a partition suit?
Whenever a party or parties claim their rights over a piece of land, any property, or building and files a case in the court to deal with the particular matter. The matter which arose in the family due to dispute in the property is called a Partition Suit. In case if a family member or members are having a dispute regarding the family property, and they are ready to negotiate about the partition of property, then one of them has to formulate a partition deed following the Partition Act of 1893 or any other law relating to partition of property.
Partition deed is an official document created by the court order or through negotiation by the parties. It basically, represents the portion of the property claimed by each of the party. A partition deed also requires the approval from the court. The partition deed should be registered by the Sub-Registrar at his office to give the deed its legal bindings and effects.
Documents required to file a Partition Suit
The documents needed to file suit for a family property partition in India are as follows-
- Identity proof of LHC (Legal Heir Certificate) Applicant,
- Self-undertaking (Affidavit drafter and signed by a notary),
- Documents of the property which is to be partitioned,
- Letter from the Government Department of the deceased employee to obtain legal heir certificate,
- Date of birth proof of the legal heir,
- Residence proof of the legal heirs,
- Death certificate of the deceased employee in original,[1]
- Residence certificate of the deceased person,
- Death certificate of a deceased direct legal heir in original (if asked).
Properties subjected to partition
- Ancestral Property – any property which is acquired by the Hindu Great Grand Father, and then is inherited undivided down to the three generations of Grandchildren is to be called as an Ancestral Property. The property is needed to be a minimum 4 generation old. The propertied inherited by any kind of will or any gift is not subjected to ancestral properties.
- Self-Acquired Property – a property is called as a Self-Acquired Property when it is earned by one’s own efforts, power, learning or any other human endeavour. Property acquired by a Hindu by his own exertion would be his separate property as it do not come under the result of any joint labour with the other members of the joint family.
- Coparcenary Property – When any kind of property is acquired by the members of the Joint Hindu family by their joint labour, it can be a business, or a profession, or a vocation with the aid of joint family property, it becomes the Joint Family Property.
[1]https://www.lawyersclubindia.com/articles/all-about-partitions-in-india-9108.asp(Visited on 27th May, 2020)
This Article Written by Ankita Nandi, a 3rd-year student of Kingston Law College.
Also Read: Partition How Executed Under Hindu Law
