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When a joint family property is not divided and multiple co-owners cannot agree — a partition suit is the legal solution. It is a civil proceeding filed before the civil court of the area where the property is situated, seeking a formal court decree dividing the property into definite shares. Property partition suits in Allahabad and across UP involve questions of Hindu Succession Act rights, share computation, property valuation, and physical division by a court commissioner. Advocate Faizan Siddiqui handles property partition matters in Allahabad — filing partition suits, obtaining stay orders, and representing clients through to the final decree. Call +91-9911387328.
Also see: Property Partition Lawyer Allahabad → — full case details, process, cities covered.
What Is a Partition Suit and When to File One
- Ancestral (coparcenary) property — undivided Hindu Joint Family property under Hindu Succession Act
- Self-acquired property held jointly — purchased by multiple persons together
- Inherited property — property received through succession where multiple legal heirs share ownership
- Property with disputed shares — parties disagree on the proportion of ownership
- Property facing risk of sale — one co-owner threatens to sell without consent of others
- Immovable property — land, agricultural land, residential property, commercial property
Partition Suit Process — From Filing to Final Decree
- Step 1 — Notice to all co-owners before filing — attempt at negotiated settlement
- Step 2 — Partition suit filed with property documents, family tree, succession documents
- Step 3 — Interim application for stay order — preventing sale, mortgage or damage to property
- Step 4 — Court appoints a commissioner to inspect and report on physical division
- Step 5 — Preliminary decree passed declaring shares of each party
- Step 6 — Final decree passed — physical partition by metes and bounds, or sale with proceeds divided
Need assistance with a legal issue?
Faizan Sir responds as required by the matter — call or WhatsApp
Stay Order in Partition Cases — Protecting Your Share
- Section 151 CPC — urgent injunction to prevent sale or transfer of property pending partition
- Order 39 Rule 1/2 CPC — temporary injunction in partition suits
- Allahabad High Court injunction — where property value is high or lower court has refused
- Attachment before judgment — where co-owner is dissipating assets to defeat the claim
- Receiver appointment — in cases where property is being mismanaged by one co-owner
Who Can Claim Partition — Succession Rights in UP
Types of Cases We Handle
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