Yato Dharmastato Jayah
- motto supreme court of India
- motto supreme court of India
Yato Dharmastato Jayah - motto supreme court of India
Vidya Devarajan
B.Sc., L.L.M, Master's in Cyber Law
Advocate at High Court of Madras
Trusted Legal Advisor in Chengalpattu
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FAQ:
What is a partition suit?
A partition suit is a legal action filed by a co-owner of a jointly owned property to divide it when co-owners cannot agree on the division.
What Properties Can Be Divided in a Partition Suit?
Any jointly owned property, including ancestral property, agricultural land, residential houses, or commercial property, can be divided through a partition suit.
What is the Process of Filing a Partition Suit?
The process involves filing a plaint, serving notices to co-owners, determining shares, and, if necessary, physically dividing the property.
What Happens if the Property Cannot be Physically Divided?
If a property cannot be physically divided (like a house or commercial building), the court may order its sale, and the proceeds are distributed among the co-owners.
What if the property is in a different state than where I reside?
You can still file a partition suit for property located in a different state. The suit should be filed in the civil court of the jurisdiction where the property is situated, regardless of your residence.
What if I am not listed as a co-owner but believe I have a right to the property?
If you believe you have a right to the property (e.g., as a legal heir), you may need to establish your claim first. This may involve obtaining a legal heir certificate or proving your entitlement through relevant documentation before filing a partition suit.
FAQ: NRI
Can NRI’s file a partition suit in India?
Yes, NRIs can file a partition suit for properties in India that they own or inherit, including ancestral property, self-acquired property, or any jointly owned property.
Do I, as an NRI, need to be physically present in India to file a partition suit for my property?
No, NRIs do not need to be physically present in India to file a partition suit. They can initiate the process through a Power of Attorney (PoA) by appointing a trusted representative in India to act on their behalf. The PoA can be executed and notarized in the country of residence and should be registered in India to ensure its legal validity. Additionally, NRIs may participate in court hearings via video conferencing, depending on the jurisdiction and court rules. This flexibility allows NRIs to manage their property disputes without needing to travel to India.
** the answers provide above are generic questions we've received from our clients. We advise you to contact an advocate and get a legal advice for your situation before proceeding with any further actions.
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