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Bala   15 February 2020

Partition suit between brothers as per hindu shastra

Dear members, I need a clarification regarding the property partition suit. This is regarding a current case running in Chennai High court. Two brothers co-owned a property. One of the brother filed a suit for partition of the property since the other did not accept partition. The property has both north and south sides. The plaintiff filed a suit as well as requested for the north side of the property citing as Hindu Shastra the north side should be taken by the younger brother and south side by the elder one. The current status of the case is that the building in the property has been demolished and now the only concern is which side has to be taken by whom. Both the plaintiff and defendant are asking for north side of the property. Kindly guide me with regards to this case and also provide me with any other earlier case references. Than you


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 3 Replies

Archit Uniyal   02 April 2020

Hi,

1st of all just to clarify, the court won't take into consideration anything such as “Hindu Shashtra”. The partition will happen according to the Hindu Succession Act and the Partition Act.

So what is a suit for partition?

When a party or parties claim rights over a piece of land or building and files a case in court, due to a property dispute issue that arose in the family, it is called a Partition Suit. When a coparcener files a suit for partition, it amounts to an unequivocal intimation of an intention to sever and consequently, severance of status comes into existence from the date the suit was instituted. Before filing a partition suit, a legal notice must be served to all the co-owners specifying their interest in the property, their share, and the action to be taken and try to settle the dispute. Even after this, if the dispute is not settled, then a civil suit is filed before the Court.

Also, it is advised that the brothers decide between themselves what part they want because section 2 of the Partition Act, 1893 states that if in a case of a suit for the partition where the division of property cannot be conveniently made, the court may direct that such a property may be sold and proceeds to be divided among the coparceners if it benefits all.

The plaintiff may get the north side as he was the one to file a suit, but it is still better for the brother to reach out for an agreement, rather than the court to decide it.

I hope this resolves your query.

Regards,

Archit.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 April 2020

1. South Side property by Elder brother and North Side property by Younger brother. This criteria can be decided  "ONLY"  mutual consent, and the Court has no jurisdiction to direct on the same, except for Partition Order.

2. Neither the Plantiff nor the Defendant, can stake claim or demand or show preferences the same part of the Property.  A mutual settlement is the only way, followed by a judicial order on the same.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 April 2020

1. South Side property by Elder brother and North Side property by Younger brother. This criteria can be decided  "ONLY"  mutual consent, and the Court has no jurisdiction to direct on the same, except for Partition Order.

2. Neither the Plantiff nor the Defendant, can stake claim or demand or show preferences the same part of the Property.  A mutual settlement is the only way, followed by a judicial order on the same.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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