How to file a partition suit for a property in India

how to file a partition suit for a property in india

Partition is a division of property among those who are entitled to the same. In case of property held jointly, if all the co-sharers decide mutually among themselves to divide the property and agree for specific share, there is partition by mutual consent. If there is a dispute, the parties file a suit for partition in a civil court.

Existence of a Right:

A person can claim a share if he has a right in the property. The right can be there:

  • As a legal heir
  • As a co-owner/co-sharer
  • Through any document conferring the share – Will, Gift Deed, Sale deed etc.

When the partition suit is filed, Court may fix an enquiry and appoint a Court Commissioner to ascertain the existence of the right of the party and its share in the suit property.

Read More: Division of property between brother and sister after father’s death

Process of filing a partition suit:

Partition suit is a civil suit, and the process of filing is the same as that of a civil lawsuit.

A. Drafting and filing of plaint – A plaint is nothing but a statement of facts of the case wherein the claimant explains and justifies his claim for the share in the property.

  • A plaint is drafted as per the formats applicable in a particular court. Generally, it is the same everywhere in India with a few differences in presentation.

B. Affixing the appropriate court fee – Requisite court fees must be deposited at the time of filing the plaint. It is essential to submit an accurate court fee. The court fee depends upon :

  • Nature of the case- If the parties are in joint possession of the suit property, the amount of the court fee is fixed. The court fee does not depend upon the market rate. If the party is not in  possession, the court fee is paid on his share as per the market rate.

The court fee structure varies from State to State.

Read More: Division of Property Among Daughters and Daughters-In-Law

C. Placing on record the relevant documents: The party in support of its claim submits the relevant documents. The documents can be-

  • Title deed – It is the primary document which confers the title to justify share in the joint property. It can be in original. If original not available, certified copy can be obtained.
  • Valuation of property- A certificate is issued by the Office of Sub Registrar confirming the value of the property as per the market rate.

Any other document can be filed, which establishes the right in the suit property or which fails the claim of the defendant.

The party filing the suit may or may not possess the original documents. Certified copy of the same can be obtained from the offices of concerned authorities.

Read More: Property rights of a wife after husband’s death

Who can file?

Any or all of the co-owners can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit.

Where to file?

A suit for partition is filed in a Civil Court having jurisdiction over the area where the property is located.  If there are several properties, the lawsuit can be filed in any one of the courts.

The partition suit results in a decree which ends the joint nature of the property. Court may order sale of the property and distribution of sale proceeds.

Section 377 verdict- Victory long-awaited

Section 377 verdict- Victory long-awaited

The world is changing for sure – Law is a reflection of what happens in Society and what is needed too. Therefore it will always change when society is transforming. One of the most striking examples of this has been the abolishing of major aspects of Section 377 of India Penal Code, a Colonial period law, which criminalized homosexuality besides other unnatural acts of carnal intercourse.

The change – Morality is not what the majority thinks

Post the landmark judgement on September 6, 2018, Lesbians, Gays, Bisexuals and Transgender (LGBT), are recognised as people with a distinct and separate identity, who deserve all rights guaranteed under the Constitution as available to any other citizen. They have a right to live with dignity which was to a certain extent barred by Section 377 which brought these under a microscopic criticism. They cannot be discriminated against for their sexual orientation. There is nothing unnatural about their attraction towards the same gender. Their right to privacy cannot be denied to them just because they are in the minority.


Also Read: Rights of Transgender in India


What was the Section 377 of IPC?

Section 377 of Indian Penal Code provides for punishment and fine, for sexual acts against the “order of nature.” As per the Section, unnatural acts like buggery, sodomy and bestiality are punishable. Consensual same-sex relation is also a criminal offence.

“Order of nature” is consensual sexual acts between man and woman only.

The constitutional validity of Section 377 and the Recent Verdict

The story started with the initiative of the NAZ Foundation, an NGO, in challenging the Constitutional validity of Section 377. It stated that the Section 377 so far as it criminalises consensual sexual acts between adults in private, violates the articles of Indian Constitution:

  • Article 14 (equality)
  • Article 19(1)(d) (freedom of speech, assembly, association and movement)
  • Article 21 (right to life and personal liberty)

It was argued that the section had been misused against homosexuals. It is unreasonable and arbitrary to criminalise non-procreative sexual relations. The term “unnatural” act has no nexus with procreative or non-procreative sexual acts.

Earlier the Hon’ble Supreme Court of India had turned down the argument of NAZ foundation and upheld the Constitutional validity of Section 377 stating that it does not criminalise particular orientation or identity. It only identifies certain acts which constitute an offence under Section 377.

  • In 2017, in Puttuswamy’s case, it was affirmed that the right to privacy is a fundamental right and it includes one’s sexual orientation. This decision opened the gates for the recent verdict.
  • The recent verdict of SC, reflects the sentiments of many people in India who now consider homosexuality as natural. SC has read down Section 377 so that consensual sexual relation between homosexuals in private is not a crime.

The ruling has brought cheers to the LGBT community. They have long been deprived of their right to privacy and the right to equality. Progressive International Community has also hailed the verdict as it has provided what everyone expected out of world’s largest democracy.

Section 377 – partially struck down

Section 377 has not been struck down as a whole. Consensual sexual relations among adult homosexuals have been taken out of the purview of the term “against the order of nature”.

Other acts covered under the section remain an offence:

  • Unnatural sex with animals
  • Unnatural sex with children
  • Sex among homosexuals without the consent of any of them

Read: Other Judgement


New Hope

The judgment has given a new hope to LGBT community that their other rights will also fall in place now. They will be respected and loved the way they are irrespective of their sexual orientation. They will be treated at par. No prejudices, no discrimination and no ostracism for being homosexual. More than just the legal victory or change that this decision symbolizes, it is the sentimental achievement that is worth mentioning. This surely will go down in the history of Indian Law as a milestone.

E-COURTS

e-courts in India

E-Courts are locations in which matters of law are adjudicated upon with not only the help of qualified judge(s) but also a well developed technological infrastructure. Such a court is designed to allow the people participating in the proceedings as well as stakeholders to operate administrative and procedural aspects of the Court’s function, such as presenting evidence, filing judicial records (electronic court filing), etc in a better and more efficient way.

E-Courts in India were conceptualised on the basis of the ‘National Policy & Action Plan for Implementation of Information & Communication Technology’ (ICT), 2005. Justice Madan Lokur was appointed the Head of this committee. The objective of the e-courts is to provide designated services to litigants, lawyers and judiciary by the computerisation of district and subordinate courts in the country. They have been established in India to make the justice system more affordable and cost effective.

The e-courts Integrated Mission Mode Project (Phase I) was a national project that was implemented in the District and Subordinate Courts of the country. The Government approved computerisation of over 14,000 district and subordinate courts under this project in March 2014 with a total budget of over Rs. 900 crores.

Phase II of the project was approved by the Committee of the Supreme Court in January 2014. Some broad objectives of this are:

  • Computerisation of around 8,000 new courts, legal services authority offices, state judicial academies;
  • Connecting all the courts in the country to the National Judicial Data Grid through WAN;
  • Citizen friendly services like centralised filing centres and touch screen kiosks in court complexes;
  • Enhancing ICT enablement through e-filing, e-payment and ease of mobile applications.

India’s first e-court was opened at the High Court of Judicature at Hyderabad.

The International Criminal Court is also a good example of an E-Court.