Professional Partition Cases Services
Partition cases are complex in nature and often require legal assistance to navigate the process and ensure a fair resolution for all the parties involved. Process of the court starts when the owners cannot agree on how to divide the property on their own. The court will ensure that each owner receives their fair share based on their ownership stake. Partition suit is said to be finally disposed of only when the final decree is passed. Once the final decree is passed partition becomes finial. When the parties despite decree does not come forward for the partition, then the aggrieved party can file a petition for the execution of decree. As per the Article 136 of Limitation Act,1963, the period of limitation for execution of partition decree is 12 years from the date the decree become enforceable.
In a partition suit the court will issue preliminary decree, composite decree (partly preliminary and partly final) and final decree. The purpose of a suit for partition or separation of a share in the suit properties which will be the part of the preliminary decree and the other is division of share by metes and bounds which take place under the final decree. There are cases where the partition of the suit property can not take place by metes and bounds in these circumstances, the court will put the property on sale and the proceeds will be shared / divided among the share holders as per their respective shares . A preliminary decree for partition identifies the properties to be subjected to partition and further defines and declares the share/rights of the parties. The actual division by metes and bounds and allotment is being completed under the final decree proceedings.
For the better understanding a Composite decree – In regard to immovable properties (other than agricultural lands paying land revenue )- where the court can conveniently make division without the assistance of any Commissioner , or where parties agree upon the manner of division , the court will pass a composite decree comprising preliminary decree declaring the rights of parties and also a final decree dividing the suit properties by metes and bounds , in one judgment. The decree declares the proportion of shares and divide the property, thereby settling the partition in one go.