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What is the partition of property?

A division is the partition of a property which is jointly held by many people, generally the family members. So that everyone gets their part of property and is the owner of the part assigned to them. It’s done by dividing the property equally among every member of the family as per the law applicable to them.

Kinds of Property Partition

There are generally two kinds or types of partition of properties, and those are the following:

1. Coparcenary or Joint Family Property:

The ancestral property is a part of what is also known as coparcenary property. It’s when the ancestral property is divided among all co-proparaceners. There is a slight difference between coparcenary property and self-acquired property.

In self-acquired property, the person takes ownership of that property by his/her human nature, his realistic efforts, or we can say, by owning that property with his/her own funds. On the other hand, the ancestral or coparcenary property is given or gifted by the ancestors.

• Ancestral Property: Coparceners got their rights of ownership from their births, which is formed as ancestral property. which is passed down from generation to generation so that the grandchildren or the next generation will be the owners of their property.

 This is when two or more than two members of a family together buy a property for business purposes or any other purpose. Then that property is said to be jointly acquired property.

• Property Purchased from a Joint Family Fund: When a property is owned or purchased in the name of a joint family member with the help of the other members(joint aid of the family), the property is not owned by that individual member, or it would not be a separate property for that member.

• Separate Property to a Member "Given in Joint Family Fund": Joint family property is a member's personal or separate property that the member owns when the member gives that member's personal or separate property in the joint family fund by waiving all individual rights and ownership that the member had on that self-acquired property.

2. Self-Acquired Property :

As for the coparcenary property you got from your ancestors, in short, you don’t buy that property. On the other hand, self-acquired property has a different meaning. Self-acquired refers to something bought or purchased solely by a person.

That person has individual rights and ownership of the property and can deal with the property in any manner they want to. Self-acquired property is defined as property over which a person has individual rights, is the sole owner, and paid for with his or her own money.

Partition Law In India For Property:

As we all know, India’s legal system or the constitution is the longest written in the world. Due to the diversity of India, there is no one religion's favour or tradition. India has a vast culture and we respect every custom and every religion, so there is not a single partition law in India for property. The following are the partition laws in India :

• Partition Act 1893: The main objective of the Partition Act of 1893 is to serve the best where there is a problem in the division of the property and make it beneficial or profitable for every member or all the shareholders in a legal way and satisfy every member's intent, which would make them equal in the eyes of the law. It is to simply make the sale of the property and make the distribution process beneficial for every shareholder. That the court orders the sale of property and the process of division among all.

• The Indian Succession Act 1925: The Indian Succession Act 1925 states two factors. One is "Testamentary Succession," in which a person makes a will for the distribution of his or her property. so that after his/her death, the property is to be distributed in the manner described in the will.

Another factor is "intestate succession," where there is no will for the distribution of the property made by the person who owned the property after his/her death and the distribution of the property would be according to religious laws.

• The Hindu Succession Act of 1956: In "Testamentary succession," the distribution is explained in the Will, but in "Intestate succession," the succession takes place as per the religious law, so the "Hindu Succession Act of 1956" was enforced to sort out the conflicts that were arising and to settle the discrimination that the only sons could be the succeeders to the property. Previously, a person who converted to another religion could not claim inheritance property rights, but it was later decided that the converted person could claim inheritance property rights.

In the case of Shabana Khan v. D.B. Sulochana & Ors., it was determined that a person who later converts to his or her religion can still claim rights to inheritance property.

• Muslim Personal Law (Shariat) Application Act 1937: According to this act, where the partition is between two Muslims, if the person converts into another religion but is the biological child (successor), then he/she can claim their rights to the inheritance property.

Methods of Partition in India :

1. The Partition Deed: The partition deed is a legal document drafted on stamp paper, and it needs to be registered at the sub-registrar office to be a valid deed. A partition deed is drafted to distribute the property when there is more than one owner of a property. So the partition deed is drafted to make sure every co-owner gets their part of the property and no dispute takes place.

2. A Legal Agreement: To prevent disputes among family members, a legal agreement is drawn up in the interest of all. To handle distribution in a peaceful manner through negotiation, with each member having free consent. The legal agreement should be signed by every member if it’s in written form. The legal agreement is drawn up in a similar manner to the deed.

3. A Partition Suit: In this, a suit is filed in the court of law where there is a conflict. In a division of property, an individual member does not agree with the terms and conditions. Where there is no valid legal agreement or partition deed and there is conflict or disagreement between co-owners, then a proper partition suit needs to be filed with the court of the jurisdiction. A legal notice will be delivered to every joint co-owner of the property if there is no willful reply. Each and every important detail needs to be mentioned in the suit to determine which part of property belongs to whom.