Partition suit between brothers as per hindu shastra

Hi,

1st of all just to clarify, the court won't take into consideration anything such as “Hindu Shashtra”. The partition will happen according to the Hindu Succession Act and the Partition Act.

So what is a suit for partition?

When a party or parties claim rights over a piece of land or building and files a case in court, due to a property dispute issue that arose in the family, it is called a Partition Suit. When a coparcener files a suit for partition, it amounts to an unequivocal intimation of an intention to sever and consequently, severance of status comes into existence from the date the suit was instituted. Before filing a partition suit, a legal notice must be served to all the co-owners specifying their interest in the property, their share, and the action to be taken and try to settle the dispute. Even after this, if the dispute is not settled, then a civil suit is filed before the Court.

Also, it is advised that the brothers decide between themselves what part they want because section 2 of the Partition Act, 1893 states that if in a case of a suit for the partition where the division of property cannot be conveniently made, the court may direct that such a property may be sold and proceeds to be divided among the coparceners if it benefits all.

The plaintiff may get the north side as he was the one to file a suit, but it is still better for the brother to reach out for an agreement, rather than the court to decide it.

I hope this resolves your query.

Regards,

Archit.

1. South Side property by Elder brother and North Side property by Younger brother. This criteria can be decided  "ONLY"  mutual consent, and the Court has no jurisdiction to direct on the same, except for Partition Order.

2. Neither the Plantiff nor the Defendant, can stake claim or demand or show preferences the same part of the Property.  A mutual settlement is the only way, followed by a judicial order on the same.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1. South Side property by Elder brother and North Side property by Younger brother. This criteria can be decided  "ONLY"  mutual consent, and the Court has no jurisdiction to direct on the same, except for Partition Order.

2. Neither the Plantiff nor the Defendant, can stake claim or demand or show preferences the same part of the Property.  A mutual settlement is the only way, followed by a judicial order on the same.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com