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Quick Answer
A partition suit divides jointly-held immovable property into separate shares. For Hindu joint families under Mitakshara school, partitions involve all coparceners (after the 2005 amendment to Hindu Succession Act, daughters are equal coparceners). The suit goes through preliminary decree (declaration of shares) and final decree (actual division by metes and bounds, often through court-appointed commissioner). Family settlement deeds are an alternative but require all members' agreement and stamp duty under the relevant state Stamp Act.
Statutory reference
Order XX Rule 18 CPC 1908
Related practice areas
Civil suit for division of jointly-held property among co-owners or coparceners. Filed under Order XX Rule 18 CPC. Hindu joint family partitions involve Mitakshara coparceners and require all coparceners' joinder.
Partition Suit is governed by Order XX Rule 18 CPC 1908. A partition suit divides jointly-held immovable property into separate shares. For Hindu joint families under Mitakshara school, partitions involve all coparceners (after the 2005 amendment to Hindu Succession Act, daughters are equal coparceners). The suit goes through preliminary decree (declaration of shares) and final decree (actual division by metes and bounds, often through court-appointed commissioner). Family settlement deeds are an alternative but require all members' agreement and stamp duty under the relevant state Stamp Act.
Partition Suit falls under Property & Real Estate, Family & Matrimonial. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.