how to file partition suit between brothers for property in Kharagpur
LA Asked by Lakshmi Menon from India
Quick Answer
A partition suit between brothers for property in Kharagpur can be filed before the civil court having jurisdiction over the property if the parties cannot agree on an amicable partition.
Detailed Legal Analysis
A partition suit between brothers for property in Kharagpur can be filed before the civil court having jurisdiction over the property if the parties cannot agree on an amicable partition. The suit is governed by the Hindu Succession Act, 1956, as amended in 2005, and the Code of Civil Procedure, 1908.
The Calcutta High Court has held that each coparcener has a right to demand partition at any time, and the shares are determined by the nature of the property. West Bengal Premises Tenancy Act 1997 may prescribe stamp duty on partition deeds and procedural requirements specific to West Bengal.
A preliminary decree determines the shares, and a final decree partitions the property by metes and bounds. The court may appoint a commissioner to survey and divide the property.
If the property cannot be divided equally, the court may order sale and distribution of proceeds. File the suit with all title documents, family tree, and revenue records.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.