How to send property Partition notice?

In joint families where the ancestors die without making any will, gift deed, or any deed regarding the family settlement of the property, so as to secure individual rights over such ancestral property In such a situation, the living heirs would have to either sign a Deed of Partition or file a partition suit. The following discussion would help you understand how to send a legal notice for the partition of the property:

When can a legal notice be sent for the partition of property ?

Legal notice for the partition of ancestral property could be sent by such a person who is a joint or co-owner with other persons. If a person owns some property with other owners, he or she would have the right to send a legal notice for the partition of property. Therefore, he or she will become the sole owner of his or her portion of the land.

When Can You Send a Legal Notice for Partition ?

Generally, in India, a legal notice for the partition of the property can be sent mainly in two scenarios:

• It shall be an illegal act when one or more than one member of a joint undivided property sells, gifts, mortgages, leases out, or disposes of the property in any other way. Without written consent of all the other co-owners, such transfer or disposal of the property could be opposed by others through a legal notice by the advocate of the property for partition. The rule shall be applicable only in case of ancestral property and not in the case of self-acquired properties. The legal heirs of the deceased owner of a self-acquired property will be able to dispose of their property as per their wish. 
• On the other hand, if there is one or more than one owner in a joint property who is willing to partition the property and has expressed their intention to each other, and if other owners of the property deny doing so, then an advocate notice for partition suit could be sent against them.

After having received the legal notice, if defendants agree with the terms mentioned in the legal notice, then all parties can sign a Deed of Partition mutually. The drafting of the notice should be done by a competent advocate.

Points to be Noted When Drafting Legal Notice for the Partition of Property

With assistance from a good property lawyer, you may draft a legal notice for the partition to be sent to the other co-owners of the joint ancestral property. Some of the important points to be remembered have been enlisted here under:

• Name, description, and place of residence of all the heirs
• Details regarding the cause of action
• The relief which has been claimed by the sender of the notice
• A detailed description of the property in dispute
• The clear mention of the portions of property partition

Relevant Statutes related to the Legal Notice for Partition Suit

The following Acts generally govern the laws regarding the partition of property:

• Hindu Succession Act, 1956
• Civil Procedure Code 1908 (CPC)
• The Partition Act, 1893
• The Indian Succession Act, 1925

As has been discussed above, if or when there is an infringement of one’s rights over the property in situations where other relatives or members of his or her family have illegally disposed of the common undivided property, he or she can file a suit for declaration and a suit for a permanent injunction. 

If the property in question has already been sold or disposed of by the other co-owners to a third party, then the aggrieved person will also have to send a legal notice for partition suit to the other co-sharer as well as the third-party purchaser. After sending the notice, one would have to file a suit for permanent injunction as well as cancellation of such an injunction before the respective Civil Court.

Lead India offers you a team of experienced advocates who have been successfully handling cases related to property and could hence offer you proper guidance regarding the same. Therefore, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.