Response

All the property, excluding in mother’s name, are liable to be partitioned amongst all brothers equally. Partition can be done either with mutual consent or through court of law. If elder brother is not ready, a partition suit can be filed in the concerned civil court.

In partition the joint ownership comes to an end and the respective parties are vested with the eligible shares. Partition in other words is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective shareholders.

Partition can be made by mere declaration to separate, Partition by Notice, Conversion to Another Faith, under Marriage Act, Partition by Agreement, Partition by Arbitration, Partition by Father, and Partition by Suits.

When a division / partition takes place between brothers after partition they will take equal shares in the property. If there are 3 brothers then each one will take 1/3 rd share in the property.

Two major laws governing partition suits are the Partition Act, 1893 and the Code of Civil Procedure, 1908 (CPC). The important provisions of CPC which are relevant to partition of property are Section 54, Order 20 Rule 18, and Order 26 Rule 13 & 14. The court issue commission to make partition under Order 26 Rule 13 & 14 of the CPC.

Reference: The Partition Act, 1893 and the Code of Civil Procedure, 1908

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LAWAYZ-2023-634