Avinash (asst) 10 December 2011

Suit for partition

Property Matter : Mother, and 2 sons. Elder son has purchased house in his name,he borrowed money from mother to buy his house. Mother is living in another house (belongs to father, now deceased) Another house belongs to father has being rented out to third party.Mother getting the rent. Father did not made a will. Younger son living separately in another city due to job commitments. Younger son asking to sell the two houses belonging to father so that he can live separately. Which is not getting materialized despite repeated attempts.

Question : Can the younger son apply for partition.

1.What is duration after filing the partition, settlement will be issued by court.

2. what is the procedure to sell the house after court order.?

3. One house is in Delhi another house in Pune. Younger son living in Bangalore in a rented accommodation, Mother and elder son living in Delhi.

Please advise.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 10 December 2011

Definate duration cannot be said it depends on the court pending cases.

In the partition suit, first preliminary decree will be passed, after preliminary decree, you will have to file final decree proceedings and after execution petition.

In the preliminary decree share of the parties will be determined, if it is compromised then it is not necessary to go for final decree proceedings and execution, if not you will have to file FDP and EX petition to get the possession of the suit properties alloted to your share. In FDP proceedings court commissioner will report to the court regarding the possiblity of division.

If it is compromised on the basis of the compromise decree you can get enter your name and sell the property.

sridhar pasumarthy (ADVOCATE) 10 December 2011

Dear Sam,

Yes, younger son as well as u or your mother even can file a suit for partition.

Duration for the disposal of the case depends upon work load of the court.

Suit can be filed either in Delhi or in Pune

In a suit for partition, property will be divided by metes and bounds by advocate commissioner after initiation of final decree proceedings and each sharer will be allotted his share as per the preliminary decree.

After getting delivery of the property in the execution proceedings, one can sell his share.