- September 20, 2021
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Partition Of Hindu Undivided Family
In Hindu law, partition refers to dividing a joint Hindu family’s property in order to confer separate status on its members. Partition occurs in India because each family member wants to assert their own identity.
According to Hindu Law, the concept of a coparcener is integral to the Joint Hindu family’s property. Each coparcener is entitled to an equal share of the Joint Hindu Family’s property and holds an inherent title over it.A Hindu joint family that partitions loses the joint status of a family. However, the state of jointness can be established within the family by having at least two coparceners present.
As a result, there are often many family property disputes, especially in cases involving conflict over land. In such cases, an individual needs to be familiar with the land dispute laws in India.
A partition can be effected by one of the following methods:
- Partition Deed
- Family Settlement
- Filing a lawsuit
Partition Deed : It is a legally binding document that ensures each party of a partition deed receives a fair share. Hence, leading to follow the partition suit law in India.
Family Settlement : A settlement agreement follows the same format as a partition deed, but it does not require registration or stamping. All family members must sign the family settlement agreement.
Filing a lawsuit : When there are disagreements among the co-owners on how the property should be divided, one or more of them may file a partition suit in their jurisdictional court.
Procedure For Filing a Partition Suit
The initial step prior to documenting a partition suit is to send a legitimate notification. In the event that the notification goes disregarded, the offended party can continue with the documenting of the suit. From there on, you need to follow the below referenced advances.
Draft a plaint (grievance) as per the configuration recommended by the Court. The party recording the objection is alluded to as the offended party, while the contradicting party is known as the litigant. Pertinent subtleties, including the name of the gatherings, postal addresses, nature of the objection, and an affirmation guaranteeing that the substance of the plaintiff is consistent with its information, ought to painstakingly be referenced.
Record a Power of Attorney, which is a proper archive, instating capacity to the backer to address the customer in the question of debate.
Make an installment of the Court Fee, which shifts, contingent on the case and from one State to another. You can decide the Court Fee with the assistance of a HANDYY.
When the Fee is paid, the Court will fix up a date for hearing and settle on the benefits of the case.
A significant highlight recall here is that the Court will possibly continue with the case in the event that it discovers any benefits in the suit. In light of the caution of the Court, a lawful notification would be given to the respondent, requesting their appearance upon the arrival of the following hearing.
The contradicting party, on receipt of the notification, necessities to record a composed assertion, which is a reaction to the plaint documented by the offended party. The composed assertion should be documented inside 30 days of the receipt of the notification. In any case, the time span can be stretched out as long as 90 days, if the Court grants.
After getting the composed assertion, the offended party needs to either concede or deny the assertions made by the respondent. The answer, as a composed record, is named as replication.
The pleadings are finished once the replication is documented with the Court. From that point, the gatherings are approached to submit applicable archives to prove their cases. In any case, the ability to dismiss or acknowledge the records stays with the Court.
To demonstrate their cases, the gatherings additionally need to deliver observers inside 15 days from the date of outlining of issues.
The Court passes the last request by thinking about the rundown of records documented by the gatherings, just as the archives created by them in the Court of Law.
The gatherings can gather an ensured duplicate of the last request from the Court.
Documents Required
Below are the documents required to file a lawsuit for property division:
Document proving legal heir’s identity
Certified copies of all title documents that pertain to the property, including its description
An estimate of the value of a property
Documentation of heirs’ birth and residence
Owner’s death certificate, in its original form
Certificate of residence of the deceased.
