suit for partition of property in pakistan

 

Partition of property in Pakistan refers to the legal process through which co-owners of a property can divide and separate their respective shares. This process is governed by the Partition Act, 1893, which provides guidelines for the division of property among co-owners.

The Partition Act, 1893 is the primary legislation that governs the partition of property in Pakistan. It outlines the procedures and principles that need to be followed during the partition process. The Act applies to all types of properties, including agricultural land, residential properties, commercial properties, and inherited properties.

To initiate a suit for partition in Pakistan, any co-owner can file a lawsuit in the civil court having jurisdiction over the property. The court will then proceed with the partition process based on the provisions of the Partition Act, 1893. It is important to note that only co-owners have the right to file a suit for partition. Tenants or individuals who do not have ownership rights cannot initiate this legal process.

The following are the key steps involved in a suit for partition:

1. Filing a Lawsuit: The first step is to file a lawsuit in the appropriate civil court. The plaintiff (co-owner initiating the suit) needs to provide details about the property, its co-owners, and their respective shares. It is advisable to engage a lawyer who specializes in property law to ensure all legal requirements are met.

2. Notice to Co-Owners: Once the lawsuit is filed, the court will issue notices to all co-owners mentioned in the lawsuit. This notice informs them about the partition suit and gives them an opportunity to respond or contest it.

3. Preliminary Decree: After receiving responses from all parties involved, the court will examine the evidence presented and may conduct site visits if necessary. Based on this evaluation, the court will issue a preliminary decree that determines each co-owner's share in the property.

4. Commissioner's Report: The court may appoint a commissioner to physically divide the property or assess its value if physical division is not feasible. The commissioner will prepare a report outlining the proposed division or valuation of the property.

5. Final Decree: Once the commissioner's report is submitted, the court will review it and issue a final decree. This decree confirms the division of the property among co-owners and provides directions for executing the partition.

6. Execution of Partition: The final decree is then executed by dividing the property according to the court's directions. If physical division is not possible, the property may be sold, and the proceeds distributed among co-owners based on their respective shares.

It is important to note that during the partition process, any co-owner can also request for an injunction to prevent any further alienation or transfer of the property until the partition suit is resolved.

In conclusion, a suit for partition in Pakistan involves filing a lawsuit in a civil court, providing notice to co-owners, obtaining preliminary and final decrees from the court, and executing the partition as per the court's directions. The Partition Act, 1893 governs this legal process and ensures fair division of property among co-owners.

Click Here To Download