📑 Table of Contents
📋 Quick Overview
A partition suit is a civil remedy when co-owners cannot agree on dividing property amicably. In Kolkata, partition suits are filed in the City Civil Court or Civil Judge (Senior Division) court depending on the property value.
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Preliminary and Final Decree
Partition suits involve two decrees: a preliminary decree declaring the shares of each co-parcener, and a final decree after actual division by metes and bounds. A commissioner is appointed for the actual division.
The court passes the preliminary decree first, then proceeds to actual division.
Procedure for Filing a Partition Suit
File a plaint in the appropriate civil court with details of the property, co-parceners, and shares claimed. Attach title deeds, revenue records, and tax receipts. Pay ad valorem court fees based on the value of the plaintiff's share.
The court examines the plaint, issues summons, frames issues, conducts trial, and passes the preliminary decree.
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Frequently Asked Questions
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