Partition of Property Meaning
“Partition is the division of real or personal property between or among two or more co-owners”
- In partition suits there is no loser and both the parties are to be called winner but if the possession of the property is in the hands of tress-passer, then he can be loser of partition suit.
- Partition is recognized by the legal maxim “Nemo in Communione potest invitus detineri”,
(no one can be kept in co-proprietorship against his will.)
Partition is merely an arrangement whereby co-sharers having undivided interest in joint properties take by arrangements specific properties in lieu of their shares.
Division of Property in Partition Suit
For partition suits the property can be divided in three types:
(i) Pure Agricultural Properties,
(ii) Agricultural and Constructed mixed properties, and
(iii) Pure Constructed Properties (in the shape of houses, shops, markets and etc).
Undoubtedly relief for partition in respect of agricultural properties can be sought from Revenue Officer under Chapter XI Section 135 and other relevant sections of this chapter.
Which is as below
- Application for partition.–Any joint owner of land may apply to a Revenue Officer for partition of his share in the land if–
(a) at the date of the application the share is recorded under Chapter VI as belonging to him; or
(b) his right to the share has been established by a decree which is still subsisting at the date; or
(c) a written acknowledgment of that right has been executed by all persons interested in the admission or denial thereof.
Important Points
- if the property subject of partition is partly agricultural and partly constructed, then as per law laid down by the Superior Courts, it will be analyzed that whether which type of property has a major portion, if agricultural then Revenue Courts will be approached,
- Otherwise relief for partition will be obtained from Ordinary Civil Courts of Law.
- For constructed properties are concerned, they can be got divided from ordinary civil Courts through a suit for partition under the Partition Act, 1893.
