A partition suit asks the court to divide property held jointly by co-owners or members of a family, or to allot each person their share. A recovery suit asks the court to order payment of money that is due.
We handle both, including summary suits for debts based on written contracts and negotiable instruments.
What this covers
- Partition of ancestral and joint family property
- Shares of daughters under the amended Hindu Succession Act
- Partition between co-owners
- Money recovery suits
- Summary suits under Order XXXVII CPC
- Pre-institution mediation in commercial disputes
How the process generally works
- Establish shares
In a partition suit, the court first decides who the co-owners are and their shares, by a preliminary decree.
- Division
The property is then divided by metes and bounds, or sold if it cannot be divided, under a final decree.
- Recovery
In a recovery suit, we establish the debt from documents and seek a decree with interest where permitted.
Relevant law
- Hindu Succession Act, 1956, section 6 as amended in 2005
- Partition Act, 1893
- Code of Civil Procedure, 1908: Order XX Rule 18 and Order XXXVII
- Commercial Courts Act, 2015, section 12A
Common questions
Do daughters have a share in ancestral property?
Under section 6 of the Hindu Succession Act as amended in 2005, a daughter is a coparcener by birth in the same manner as a son. The Supreme Court confirmed this in Vineeta Sharma v. Rakesh Sharma (2020).