My brother and I jointly inherited our father's house, I want partition but he is refusing, what is the remedy?

Detailed Legal Analysis

If your brother is refusing to partition the inherited property, you can file a suit for partition under the provisions of the Indian Partition Act, 1893, and the Code of Civil Procedure, 1908.

Here are the steps you can take to initiate the partition process:

• Understand the Nature of Joint Ownership: Since the property is inherited, it is co-owned by you and your brother. As per Section 44 of the Transfer of Property Act, 1882, co-owners have the right to seek a partition.
• Attempt Mediation: Before taking legal action, consider discussing the matter with your brother to reach an amicable agreement. Mediation can often resolve disputes without court intervention.
• Gather Documentation: Collect all relevant documents proving your inheritance, such as the father’s death certificate, will (if any), and property documents. This will support your claim in court.
• File a Suit for Partition: If mediation fails, you can file a suit for partition in the civil court. The relevant provisions include:
• Section 2 of the Partition Act, 1893, which allows any co-owner to file for partition.
• Order 1 Rule 8 of the Code of Civil Procedure, 1908, if there are multiple co-owners.
• Prepare the Plaint: Your plaint should include details of the property, the nature of your ownership, and your request for partition. Mention your brother’s refusal to cooperate in the process.
• Serve Notice: Once the suit is filed, a notice will be served to your brother, informing him about the proceedings.
• Attend Court Hearings: Both parties will be required to present their arguments. It is advisable to hire a lawyer who specializes in property law to represent you.
• Court Judgment: The court will evaluate the evidence and may order partition by metes and bounds or appoint a commissioner to oversee the division of the property.

It is important to note that partition suits can be complex and may take time, so having a clear understanding of your rights and seeking legal assistance can significantly aid your case. Additionally, the Hindu Succession Act, 1956, applies if you are Hindus, which further supports your claim to the property inherited from your father.