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Siddhi   22 May 2024

Petition instead of Partition Suit for share in property?

Is it legally possible to file a Petition for share in deceased father's Assets as other legal heirs are not allowing it due to ulterior motives including exhortation. TIA


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     22 May 2024

If you are entitled to a share in the property then you have to file a suit for partition seeking to divide the property with metes and bounds on the basis of good and bad soil and for allotment of your share with separate possession.

No petition will be entertained by court seeking partition or your share 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 May 2024

 Partition Act, 1893:

The Partition Act, of 1893, provides for laws that govern and assist the partition of property in India. The Act provides for provisions that deal with the rights of the members of the family at the time of partition of family property . Section 9 of the Partition Act, 1893 empowers the Court to distribute the property among the co-owners of the joint family property. Under the Act, in case of a suit for partition, if it appears to the Court that partition of property cannot reasonably take place and instead the sale of such property would be a more beneficial step, the Court can direct the sale of such property and distribution of resultant proceeds.

Advocate Bhartesh goyal (advocate)     23 May 2024

No, partition suit for division of shares on deceased property among legal heirs by metes and bounds with separate possession  is only remedy. 

Aadil (Student)     23 May 2024

Dear Siddhi, 

Thank you for your query! I am Aadil and I will try to answer your question.


The short answer to your question is NO. A partition suit has to be filed in court for the same.


Assuming that your father died intestate and the property in question was self-acquired by your father and not ancestral, you may claim your share of the property by filing a partition suit in Court. If your father had prepared a will before his death for his self acquired property, then you cannot claim the said property if your name is not present on the will after his death.

But if the property is ancestral, you have every right to claim it as per the Hindu Succession Act, 1956, as the son is a coparcener to the property. But it must be noted that for a property to classify as ancestral, it must have been passed on from four generations of male ancestors, and was not partitioned, sold, or divided during this time.


If the property is self acquired, the son is a Class I legal heir to his deceased father’s property as per the Hindu Succession Act, 1956, and may thus claim his part of the property. If there are legal heirs asking for their share of the property, it is best to file a partition suit in Court, after which the Court may create a partition deed where the property will be shared equally between all the legal heirs.


I hope this helps. Thank you for your time and patience!




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