Key points
- Any co-owner can file for partition; the suit is filed in the court where the property is situated, which for Delhi properties above the pecuniary limit is the Delhi High Court.
- The court first passes a preliminary decree declaring shares, then a final decree dividing the property, often through a Local Commissioner.
- Daughters have an equal coparcenary share in Hindu joint family property under the 2005 amendment, confirmed in Vineeta Sharma (2020).
Who can file and where
Every co-owner, including a coparcener in a Hindu joint family, has a right to partition. The suit is filed where the property lies. Court fee in Delhi depends on possession: a plaintiff in joint possession pays a fixed fee; one excluded from possession pays ad valorem fee on the value of their share.
Shares
For Hindus, self-acquired property of a deceased passes by will or under the Hindu Succession Act in equal shares to Class I heirs. Ancestral or coparcenary property is divided by survivorship with daughters treated as coparceners since the 2005 amendment. For Muslims, shares are fixed by personal law, with sons taking double the share of daughters and spouses and parents taking prescribed fractions; a Muslim cannot will away more than one-third without heirs' consent.
The two decrees
The preliminary decree records each party's share after deciding disputes about title, wills or exclusion. The final decree divides the property by metes and bounds if feasible; if not, the court orders sale and division of proceeds, or allots the property to one co-owner on payment to the others.
Timelines and alternatives
Contested partition suits in Delhi commonly take three to seven years. A registered family settlement or partition deed, or a mediated settlement recorded as a compromise decree, is quicker and can be structured to save stamp duty.
Frequently asked questions
Can a co-owner sell their undivided share?
Yes, but the buyer steps into the seller's shoes as a co-owner and must seek partition to obtain a specific portion. Other co-owners may have a right of pre-emption in some circumstances.
Is a partition suit possible if one co-owner has been in exclusive possession for years?
Yes. Possession by one co-owner is treated as possession on behalf of all unless there is a clear ouster, which is hard to prove.
Related practice area: Property, Real Estate & Waqf
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.