Partition suit

Querist : Anonymous (Querist) 19 November 2011 This query is : Resolved
under which act and which section we can file a partition suit( suit for partition} in annecestral property?

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adv. rajeev ( rajoo ) (Expert) 19 November 2011
It is a civil suit. you can file a suit for partition and seperate posession u/o vii rule 1 of CPC

prabhakar singh (Expert) 19 November 2011
All suits that lie in civil court are filed under section 9 of CPC and plaints are presented under requirement of o7r1.

Advocate Bhartesh goyal (Expert) 20 November 2011
Yes , generally civil suits are filed under order 7 rule i of C.P.C.Partition suit is also filed u/o 7 r 1 of C.P.C.

Shailesh Kr. Shah (Expert) 20 November 2011
no addition needed.

Devajyoti Barman (Expert) 20 November 2011
Yes

However there is one legislation called Partition Act wherein by virtue of section 4 a co owner can file a suit for partition of a joint property.