how to file partition suit for ancestral property in Kollam
SU Asked by Sunita Reddy from India
Quick Answer
A partition suit for ancestral property can be filed before the civil court in Kollam having jurisdiction over the property.
Detailed Legal Analysis
A partition suit for ancestral property can be filed before the civil court in Kollam having jurisdiction over the property. The suit is governed by the Hindu Succession Act, 1956, as amended, and the Code of Civil Procedure, 1908.
The Kerala High Court has held that all coparceners must be made parties to the partition suit, and any omission can render the decree defective. Kerala Rent Control Act 1963 may require pre-litigation mediation or prescribe stamp duty for partition deeds specific to Kerala.
A preliminary decree determines the shares of each coparcener, and a final decree partitions the property by metes and bounds. The court may appoint a commissioner to survey and divide the property.
File the plaint with revenue records, mutation entries, family tree, and property documents.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.