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Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights.Therefore a partition is a request to a court to help determine the best manner of dividing jointly-owned property.
Can A Partition Be Stopped? Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.
To legally partition property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners. In certain cases it can be an absolute right of a co owner while in others it is contingent on various factors.
A suit for partition is filed in a Civil Court having jurisdiction over the area where the property is located. If there are several properties, the lawsuit can be filed in any one of the courts. The partition suit results in a decree which ends the joint nature of the property.
A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it's very difficult, legally, to stop a partition action there are alternatives.
A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner.The Court must determine that under the circumstances, sale and division of the proceeds would be more equitable than division of the property.
How long does a partition suit take in India? Generally, a partition suit takes three years for completion. The grant of preliminary decree takes around two years, and the court gives another one year for obtaining the share in the property.
A forced sale or partition action can take 6-12 months on average. In some states, the partition could technically be completed faster, but due to inevitable complications and roadblocks, you should not expect to be done any sooner than 6 months.
It generally takes about a year and half to two years to get to trial on a partition action.