Property Partition Law in India: Rights of Co-owners

Every co-owner has a right to seek partition of joint property. The right cannot be defeated by other co-owners, though the mode of partition — physical division or sale and distribution of proceeds — depends on the property and equitable considerations.

Partition may be achieved by a registered partition deed where the co-owners agree, or through a partition suit before the civil court.

Following the 2005 amendment to the Hindu Succession Act, daughters are coparceners by birth with the same rights as sons in ancestral Hindu joint family property.

Manuja Advocates advises on partition strategy and represents clients in partition suits and appeals across Delhi and the Punjab & Haryana High Court.