how to partition joint family property when brother refuses in Kolkata

If a brother refuses to partition joint family property in Kolkata, a partition suit can be filed before the civil court having jurisdiction over the property. The suit is governed by the Hindu Succession Act, 1956, as amended in 2005, and any coparcener can demand partition regardless of the consent of others. The Calcutta High Court has held that the right to partition is an inherent right of coparceners and cannot be denied by other family members. 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 effects the physical partition by metes and bounds. If the property cannot be divided equitably, the court may order sale and distribution of proceeds. File the suit with title deeds, family tree, revenue records, and a request for appointment of a commissioner.