Every one very well-known of facts that at the time of birth, they automatically gets a share in the joint family property.Though, a person has a share in the property up to three generation of ancestors i.e. his father, grandfather, and great-grandfather. Such kind of property is stated as ancestral property. The property partition law for a joint family is states that an ancestral property in India and it can be divided on the basis of making a family partition agreement.It is a subject to the personal laws of inheritance where Hindus, Christians and Muslims have different provision under family property division. The person who have a share in the ancestral property, are the direct lineal descendant of a common ancestor, up to the three next generation to the common male ancestor.
Partition is a process to divide up an existing estate into separate segment showing the proportionate interests of the owners of property. It is a division of a joint property among several people, so that each person can get their share and becomes the owner of the property allotted to him. As per the common law any owner of property who owns an undivided concurrent land can seek such a division. When the property is divided each of the new owners will get a clearer title of the property and they deal with their shares in any manner. A partition deed is executed among different people to divide property usually between family members. Once the division of the property done, each member is allowed to gift, sell or transfer his share of the property as per his needs.
Partition with mutual consent:
It is the natural way to divide a property between the co-owners. If all the co-owners of the property agreed for mutually division of a property, then they can move forward by executinga partition deed on stamp paper in a clear manner specifying the share of each personand registering partition deed at the local registrar office. The partition deed will make sure that the division of the property as per the share owned by co-owners. After the execution of the deed, co-owners will become legal owners of their respective shares and free to transfer, sell or gift the same.
In fact a family agreement held between the family members which avoid the court disputes and divide the property in amicable manner. It can be done through compromise or mutual understanding. In this settlement it is not necessary to draft a written document.
By filing a partition suit:
A legal notice must be sent to the other co-owners of the family property, before filing a partition of property in the court, which may avoid the court case at first. In the legal notice it is necessary to mention shares of all the co-owners and detail of the property in dispute. If the co-owners do not respond to the legal notice then a partition suit can be filed in the court. When all the co-owners of the property do not agree with partition or division of the property then a suit for partition can be filed in the court, in whose jurisdiction the property in dispute is situated. The court first establishes that the person who has file for the partition has a rightful claim over the property or not. In case the property cannot be partitioned by the partition suit, the court may pass an initial decision or preliminary order for inspecting the property by appointing of a commissioner who evaluates the property and submit the report to the court. After getting the report the court will determine the share of the co-owners on the basis of the report and divide the property according to the shares.