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What are Partition disputes and how are they resolved?

Last updated on Jun 7, 2022

Partition disputes refer to disputes around dividing the property of a Hindu Undivided Family as per the Hindu law of inheritance, i.e., Hindu Succession Act 1956.

There are two ways to resolve disputes about property partition: a family settlement agreement and a partition suit.

Family Settlement Agreement

A family settlement is a an agreement among family members, usually made to avoid court battles, by splitting up the family property through mutual understanding among the family members. It follows the same format as that of a partition deed. It is not mandatory to register and stamp the family settlement agreement. However, all family members should sign it voluntarily, that is, without any fraud or coercion or undue pressure from any family member or anyone.

Partition Suit

A suit for partition of property, is a court case filed when the family members cannot agree on the terms and conditions of dividing the property. In such cases, the family members usually want to divide the property according to their shares in it. The first step here is to carefully draft and send a legal notice to the other legal heirs of the property related to family property partition/ settlement.

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