how to partition joint family property when brother refuses in Tiruchirappalli
DE Asked by Deepak Singh from India
Quick Answer
If a brother refuses to partition joint family property in Tiruchirappalli, a partition suit can be filed before the civil court having jurisdiction over the property.
Detailed Legal Analysis
If a brother refuses to partition joint family property in Tiruchirappalli, 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 Madras High Court has held that the right to partition is an inherent right of coparceners and cannot be denied by other family members. Tamil Nadu Rent Control Act 1960 may prescribe stamp duty on partition deeds and procedural requirements specific to Tamil Nadu.
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.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.