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Prof. Ajeet Kumar Gupta   22 September 2019

Difference between title suit and partition suit

I want to know the difference between title suit and partition suit.


Learning

 3 Replies

Abhishek Das   25 September 2019

Title suit: Any person who has any legal character or any legal rights as to any property by virtue of title deeds or otherwise may file a suit for declaration of those rights and for injunction against any person denying or interested to deny his title to such character or right.

In a suit for seeking declaration with regard to a right or title in respect of property along with consequential injunction the Plaintiff will have to pray for a declaration as contemplated under section 34 of the Specific Relief Act, 1963, an interim injunction during the pendency of the suit under order 39 of the Civil Procedure Code 1908 and a mandatory injunction under section 38 of the Specific Relief Act, 1963.

Partition suit:  Any or all of the co-owners can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit. 

A suit for partition is filed in a Civil Court having jurisdiction over the area where the property is located.  If there are several properties, the lawsuit can be filed in any one of the courts.

The partition suit results in a decree which ends the joint nature of the property. Court may order sale of the property and distribution of sale proceeds.

saherin khan   26 September 2019

Partition Suit:- partition suit (or partition and contribution suit) is a lawsuit that a person files in order to force the division of real property. ... A partition in kind may occur when the property can be divided up between the owners.

Title Suit:- An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title. To know more about suits https://www.taxolawgy.com/

 

saherin khan   27 September 2019

Partition suit: Partition suit is a suit related to the proprietary rights. when a single person has a title of property then partition suit is filed to confers title to several persons for that properties.

Title suit: In Title suit, there is a claim for ownership. It is a process to convert the plaintiff's right to ownership.


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