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What is partition sale?

Types of Partitions There are three possible outcomes to a partition action; they include: Partition by Sale: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares.

How much time does partition suit take in India?

How long does the Court take to pass orders on partition suit? Usually, it takes two years for the grant of the preliminary decree and another one year for obtaining a share in the property.

How long does it take to partition a property in India?

Generally a partition suit takes 3 years for completion. The grant of preliminary decree takes around 2 years and another 1 year is given by the Court for obtaining the share in the property.

Can a partitioned property be sold?

Therefore, partition is a combination of surrender and transfer of certain rights in the estate except those which are easement in nature. The transferee can then further deal with the property in any manner as he may so desire. He can sell, transfer, exchange , or gift the property as its absolute owner.

What are the steps in a partition action?

There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as Partition in Kind, a Partition by Physical Division requires the Court to divide the land by its proportional value.

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