partition suit of house

However, if not everyone agrees, one of the owners of the land has the choice to file a suit with the courts so that a partition is compelled. A and B no longer get along, B wants to file partition action to sell the house. A partition can be effectuated in two different way. However, the considerable expense and delay involved in meeting the procedural and substantive requirements of a partition suit are a powerful incentive for the parties to settle. When a family can’t agree on the terms of the sale itself, the petition to partition can force the co-owners to sit and negotiate. It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them. Both can't agree on how to divide the house. 1. Governing law The Hindu Succession Act 1956 is the governing law behind a partition in a Hindu joint family while the Hindu Undivided Family and the Hindu Partition Act of Property 1892 governs partition of jointly-owned property by two or more co-owners. My mother was died in 2009. What is a partition action? You can file a partition suit claming your share of the property, 2. It can also be conducted when it is not profitable to divide a property because the total value of the divided pieces of the property would become very low considering the value of the property as a single piece[ii]. Partition by sale is conducted only when a property cannot be physically divided into separate parts. After the house is sold, the costs for filing the suit of partition, legal fees and realtor fees will come from the earnings of the home, and then the remaining will be divided equally by the judge.

A partition suit is a civil lawsuit filed in order to obtain a judicial ruling and court order to separate or liquidate real or personal property owned by more than one party. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. How much should B expect to pay in attorney cost, court cost, etc. A partition by sale lawsuit is only necessary when one co-owner digs in her heels. To legally “partition” property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners. explains that there are two different kinds of partition: partition in kind and partition by sale. The idea though can be generalized according to the type of existing deed to the property. Costs in a partition action are paid by each party pro rata according to the value of that party’s partitioned share. A partition action is a type of lawsuit pertaining to joint owners of real property. Get the property partitioned and devided by meets and bounds, 3.

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