Property Partition

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What is Property Partition?

According to Black’s Law dictionary, Partition means the dividing of lands held by Joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. It is a division of real or personal property between co-owners or co-proprietors. In India, there are various laws that deal with property in India as follows: 1. Partition Act, 1893 [3] Under the Partition Act, in case of a suit for partition, if it appears to the Court that the partition of the property cannot reasonably happen or sale of the property is more beneficial, then the Court may, on the request of the shareholders interested, direct the sale of the property and distribution of proceeds. The Act provides that any other shareholder may ask for leave to buy the shares of the parties and the Court may thereafter, offer a valuation and shall sell the property to the applicant.

Deliverables 

Methods of the Partition of Ancestral Property The following are methods to partition an Ancestral Property:

1. Partition by mutual agreement

2. Partition Deed.

3. Family Settlement.

4. Partition by the court.

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