Amit Srivastava (CLC) 16 March 2013

Partition of ancestral house

The house in our native place Gorakhpur is in the name of my grandmother. She expired 13 years back.She had 5 sons and 2 daughters. My father was the eldest and he expired 6 years back and my mother also expired 5 years back. We are 3 brothers. Due to some family dispute with my uncles, I want partition of the said property. They are not ready to do the same. What procedure I should do to claim our right?

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Advocate M.Bhadra 16 March 2013

You can file a Suit for Partition in Civil Court claiming your share.

Right to enforce partition In all cases of joint partnership, each party has a right to demand and enforce a partition; in other words a right to be placed in a position to enjoy his own right separately without interruption and interference by others. Under this section, not only a transferee of a share in the property but a transferee of any interest can sue for partition. A lessee, a mortgagee and even a life tenant is entitled to seek partition so far it is necessary to give effect to the transfer. A claim of partition will only be refused on the ground of inconvenience. Partition does not depend on the duration of right. In a celebrated case a monthly tenant was also entitled to partition just to protect the rights of the plaintiffs. But a partition effected at the instance of a person having a temporary interest, lasts only till the expiry of that interest. The transferee also gets the liabilities with all the benefits. The rights of the transferee are subject to the conditions and liabilities that attach at the date of the transfer to the share or interest so transferred.