Response

Generally a partition suit takes 3 years for completion. The grant of preliminary decree takes around 2 years and another 1 year is given by the Court for obtaining the share in the property.

No statutory guidelines or law has been specifically laid down to delineate or specify the class of people who qualify for filing of suit for partition in India. Thus, it can be inferred that there is no apparent restriction in place that restricts anyone from filing a suit for partition in India. Conversely, any person (where such person may or may not have any contingent or vested interest in the property) may file a suit for partition. Any or all the co-owners of the property can file a suit for partition in issue. In a situation where more than one heir exist, and if all of them are not willing to file a partition suit, it is not required for all the heirs to collectively participate in a suit for partition.

Possession of all the documents of property of which the partition is sought, is irrelevant. Certified copies of the same and a certificate of Market Value of the property can be obtained from the Sub-RegistrarÕs office. Additionally, the death certificates of the parents/grandparents should be acquired from the concerned municipal authorities.

Reference: Laws Applicable: Civil Procedure Code

202100292-20210021-1238

LAWAYZ-2023-226