Monday, 8 March 2021

How to send a Property Partition Legal Notice?


What is a Partition of Property?

Partition means the division of property held by joint co-owners in common, into different portions, so that they can hold them in severalty. The Partition Act, 1893 gives a person the authority to claim rights over his/her share in the property co-jointly owned by him/her with the other joint holder of the same property. 

A property undergoing partition is distributed among the legal heirs in the property in a proportion either mutually decided upon or ordered by the Court.

Legal notice in case of partition of any property can be sent by a co-joint owner or any other person who has his share in the property to the other co-joint owners of the property. 

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What kind of properties can be partitioned?

According to Indian laws, there are two kinds of properties that can be partitioned. They are:

Self-Acquired Property: Self-acquired property is the property that is acquired or earned by a person by his/her hard work and is not inherited from his/her ancestors. Any property acquired by Will or in the form of a gift is also a self-acquired property. Self-acquired property cannot be partitioned during the lifetime of the person who has acquired the property. The person who has acquired the property can make a Will while he is alive in order to make it clear as to in what proportion and among who all it must be distributed to, after his/her death. In cases where the Will is not made by the owner of the property, the property is passed onto his Class-1 heirs after his/her death. 

Ancestral Property: Ancestral property is the kind of property that is acquired by a person through his ancestors or forefathers by the virtue of his birth in the family. Any such property must be four-generations old. The right of compulsory partition in ancestral property doesn’t come by choice but by vested interest. 


Consult: Top Property Lawyers in India


What is a Legal Notice?

A Legal Notice is a formal written document sent to a person, or an entity by another person, or an entity with respect to some grievance. It is sent as a warning to the receiver of the legal notice, that the sender of the notice is having certain grievances which are not properly taken care of by the receiver, although the receiver was given enough opportunity for resolving the issue. A Legal Notice, in simpler words, is a final warning to the receiver of the notice that the sender is all prepared to initiate legal action and this stands as a final chance in front of the receiver to rectify his errors and handle the issue in hand properly. A legal notice is filed under Section 80 of The Civil Procedure Code, 1908 and is only filed in civil cases.  


When can a Legal Notice be sent?

A legal notice, in the case of partition of property, can be sent in order to demand a partition in the property co-jointly owned by a person or a family member by another joint owner of the property. When a person owns a property co-jointly with another person, he is rightful to send a legal notice to the other joint owner for the partition of the property which could lead to him/her being the sole owner of his/her share in the partitioned property after the partition has been carried out. 


What should be incorporated into a Legal Notice?

A legal notice for the partition of property must contain some essential points such as:

 Name, description, and place of residence of the sender of the notice;

 Facts leading up to the grievance;

 The relief claimed by the sender of the notice;

 Summary of the legal basis for the relief claimed;

 Statement of the cause of action.

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Who can draft a Legal Notice?

A legal notice is drafted by a lawyer, most importantly by a property lawyer. An appropriate legal notice, to be sent in case of partition of a property, can be drafted with the help of a good property lawyer. 


How can a lawyer help in sending a Legal Notice in case of partition of property?

A good property lawyer can help in sending a legal notice on behalf of his client in case of partition of property as he would be able to understand the problem of the client, draft an appropriate legal notice to be sent for the partition of the property and guide the client in a better manner about what needs to be done and how.

A lawyer is an expert in dealing with legal matters and he/she ensures that the legal notice is well-drafted and meets all the requirements of the laws which define the legal procedure to send a legal notice to the other party in the case of partition of any property. 


Relevant Acts & Statutes related to a Legal Notice 

There are various laws in India that govern the matters relating to the partition of property, sending of the legal notice and filing a partition suit. Those laws are as follows:

Hindu Succession Act, 1956

The Partition Act, 1893

Transfer of Property Act, 1882

Civil Procedure Code, 1908

The Indian Succession Act, 1925

Consult: Top Property Lawyers in India


Partition Suit

In every property that is partitioned, each shareholder of the property gives up his/her personal interest in the property in the favor of others. Partition is a combination of surrender and transfer of certain rights in the property. 

A partition suit is required to be filed in the appropriate Court, in the case where the co-owners do not agree for a partition in the property and only one or more of the co-owners want the partition to take place. The partition can be done in the ratio mutually agreed upon or as per the applicable law of inheritance.


Who can file a Partition Suit?

The Indian law has not laid down any hard and fast rule about who can file a partition suit and who cannot file the same. There is no such restriction or any specific rule as to who is allowed or who is barred from filing a partition suit in the Court of law for the partition of property. 

A partition suit can be filed by anyone, irrespective of the fact that the person does or doesn’t have a contingent or a vested interest in the property to be partitioned.

A co-owner of the property to be partitioned can also file a partition suit. 

In the case where there are several heirs and all of them are not willing to participate in the legal formalities, only one of the legal heirs can come forward to file a partition suit for the partition of the property. 


What are the documents required to file a Partition Suit?

Copies of certain documents pertaining to the property and the market value certificate of the property obtained by the Registrar should be submitted at the time of filing of the partition suit for the partition of property. 

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Procedure to file a Partition Suit

To file a partition suit, there is a defined process that has to be followed. Before framing a suit for partition, it is important to issue a legal notice on the other co-owners of the property demanding the property. In case of no response to the legal notice or the continuation of dispute, the aggrieved party can file a partition suit by producing all the relevant documents related to the dispute before the Court. 

After all the formalities have been fulfilled by the person filing the suit, the Court must determine all the claims and rights of each party after examining the case and hearing all the arguments.  

The Court may finally decide if the property can be partitioned merely based on a partition suit or there is a need to follow some other procedure. It may order for what needs to be done next. 

In a case where the defendants agree with the terms of the notice after having received it, a Deed of Partition can be signed by the parties through mutual agreement. A Deed of Partition can also be registered before the concerned District or Additional District Sub-Registrar. Respective stamp duties must be paid to the Government at the time of registering a partition deed.

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