Partition Suit in Karnataka: How It Works
When family members cannot agree on how to divide joint property, any co-owner can file a partition suit. This guide explains the main stages in Karnataka.
Who can ask for partition?
Any co-owner or coparcener can ask for partition. Under the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, daughters are coparceners with the same rights as sons. The Supreme Court confirmed this in 2020.
Try settlement first
A family settlement or a registered partition deed is faster and cheaper than a suit. Mediation can help. If talks fail, a suit is the next step.
Stage 1: The suit and the preliminary decree
The suit is filed in the civil court where the property is located. The court decides who the sharers are and what share each person gets. This decision is the preliminary decree.
Stage 2: The final decree proceeding (FDP)
The preliminary decree only fixes the shares. The actual division happens in the final decree proceeding. The court usually appoints a Court Commissioner to inspect the property and propose how to divide it by metes and bounds.
If the property cannot be divided fairly, the court may order a sale and divide the money.
Documents you will need
- Title deeds and earlier partition or settlement deeds
- Revenue records such as RTC, mutation and khata extracts
- Encumbrance certificates
- Family tree and death certificates
Court fee
In Karnataka, the court fee depends on whether the plaintiff is in joint possession of the property or has been excluded from it. Your advocate will work this out when drafting the plaint.
To speak to an advocate, call +91 63660 42792 or email contact@baselegal.in. You can also send us a message. Read more about our Civil, Property & Consumer practice.
This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.