How Partition Of Family Property Is Done In India?

Family property and the disputes surrounding it are one of the most commonly heard of. The family property is the crux of many partition disputes since not many are aware of how the property can be partitioned? Which property is even eligible for partition? And what are the ways to do that? We aim to answer all these questions through this article. Read on to know more.

What is Partition?

A partition can be explained as the separation of shares in an immovable joint property such as land or a house. When such property is jointly owned by two or more persons and any party wants to sell their share of the property, it is termed as partition of the property.

Partition of the ancestral property is governed by the inheritance laws. Every religion has a different inheritance law and hence the procedure of partition of such properties varies depending upon the religion of the party.

The partition of the property can be either through mutual consent or by the court in case of a dispute.

Highlighting the importance of intention to partition a property, the court in the case of Pran Nath v. Rajendra held that what is necessary to bring about a severance is a clear and unequivocal expression, by words or conduct, of an intention to partition. Once members of the joint family agree or express an intention to partition, severance of status takes place.

Which property can be partitioned?

Here is a list of the properties that can be partitioned.

1. Ancestral property- Ancestral property is the property acquired by a Hindu from his father, father’s father, father’s father’s father in succession. Such property is eligible for partition as per the guidelines of Hindu Succession Act, 1956. The guideline for a property to become an ancestral property is that it should not have been divided in these three generations.
2. Jointly acquired property by the family members of joint family- When a property is acquired jointly by two or more members of the Hindu joint family, it becomes an ancestral or joint family property. It may have been acquired in business, profession or vocation.
3. A self-acquired property wilfully included in joint stock- When a member of the Hindu joint family voluntarily includes his self-acquired property in the joint stock it is eligible for partition.
4. Property acquired using joint family funds- Any property which is acquired with the aid of the funds of the joint family becomes a joint family property and is eligible for partition.
5. Self-acquired property after the owner’s demise- The property owned by an individual after their demise is eligible for partition amongst the legal heirs.

Different ways of partition

Here are a few ways in which a property can be partitioned.

1. Partition Deed- As per the guidelines in the Hindu Succession Act, 1956 a property can be partitioned using a partition deed. Such a deed should be registered on a stamp paper and upon its execution each owner gets a new title.
2. Family settlement agreement- The family settlement agreements aid the partition amicably outside the court with the consent of all the family members.
3. Partition suit- In case of a dispute in the partition, a partition suit can be filed in the court by giving a notice to all the parties.
4. Legal heir certificate- After the demise of the owner of the property, the legal heirs can initiate the partition according to the inheritance rules.

 

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