My father and his brothers (10 including cousins) puurchased properties.Now we have some difficulty with division of property. My father and my uncles were partners of the business firm and purchased properties jointly with equal shares. Some properies we purchased in the in the names of invividual members.The properties include open plots and buildings. Some of the brothers are not wiiling for partition of the properties as they have all the documents and using loans to ru their business. How can my father and some of the uncles who are in interested in partition can approach the court. Can we include all the properties including the propperties in the name of individual memebers. What are the charges for partition suit?How much time does it take for getting the judgement?
Issue legal notice to other co owners for partition of properties standing in joint nabes
2) if tjey refuse file suit for partition for division of properties by metes and bounds
3) seek injunction restraining sake of properties by other co owners
4) partition suit takes 10 years to be disposed of
5) legal fees depend upon lawyer engaged by you
Your father and his (willing) brothers have to file a suit jointly against all the others (who are not interested in the partition) for declaration of title and for partition of the common properties, in consultation with a competent lawyer at the appropriate court. Only common, undivided properties can be the subject matter of the partition suit. Individual properties should be excluded. Simultaneously, an interim application for an order maintaining the status quo ante over the properties till the final disposal of the suit needs to be filed. Court fee and Advocate's fees are the incidental costs.
Will the court fees depend on the value of the property if so what is the percentage that is chagred on the market value of the properties?
Court fees is state subject snd varies from state to state
the court fee is ad valorem—meaning it is calculated proportionally as a percentage or graduated slab based on the market value or the plaintiff's share of the property.
Is there any fast track process for partition of common property because 10 years is too long?
1. How to Approach the Court for Partition
Your father and interested uncles can jointly file a partition suit before the civil court (District or Subordinate Court) where the properties are located. Any co-owner has an absolute right to seek partition; other co-owners cannot forcibly prevent it. You must file the suit against all other co-owners (including the reluctant brothers) as defendants, otherwise the decree will be defective. The process has two stages: a preliminary decree (where the court declares shares) and a final decree (where the property is physically divided or sold).
2. Can Individual Properties Be Included?
Yes, but with a legal caveat. A partition suit should ordinarily embrace all joint properties. Properties purchased in individual names can be included in the suit schedule only if your father pleads and proves that they were purchased with joint family funds or are benami in nature. Self-acquired properties of an individual brother cannot be partitioned merely because he is a co-owner in other properties. The court will determine the nature of each property during the preliminary decree stage.
3. Court Fees and Charges in Andhra Pradesh
Court fees in Andhra Pradesh depend on whether you are in joint possession of the properties:
If you are in joint possession (not excluded), a fixed court fee applies. Under Section 34(2) of the A.P. Court-Fees and Suits Valuation Act, 1956, the fee is a nominal fixed amount (historically ₹200 for shares valued over ₹10,000).
If you have been excluded from possession, the fee is ad valorem (percentage-based): approximately 3/4ths of the market value of the plaintiff’s share for immovable property.
Separately, at the final decree stage, stamp duty for family partition is typically 0.5% of the value of the separated share (subject to a cap), plus a fixed registration fee.
4. Percentage of Court Fees on Market Value
As noted above, for an excluded co-owner, the court fee is calculated at 3/4ths (75%) of the market value of the plaintiff’s share in the immovable properties. For movable properties, it is the full market value. If you are in joint possession, the fee is not a percentage but a fixed nominal amount under Section 34(2).
5. Time Taken for Judgment
Timelines in Indian civil courts vary, but realistic estimates for Andhra Pradesh are:
Preliminary Decree Stage: Typically 2 to 5 years, depending on complexity, number of parties, and court backlog.
Final Decree Stage: Additional time for appointing a Commissioner and actual division.
Citizen’s Charter Target: Partition suits (Track-3) are officially targeted for disposal within 24 months, though actual practice often exceeds this.
If the matter is appealed, add several more years (High Court: ~5 years; Supreme Court: ~7 years).
If you are senior citizen seek expedited hearing
Before approaching the court directly, you may send a formal Legal Notice for Partition to all the other co-owners.
If the non-willing brothers refuse or ignore the notice, your father and the willing uncles can jointly file a Civil Suit for Partition and Separate Possession in the Civil Court where the properties are situated.
In the suit you can file a petition under order 39 rule 1&2 for a temporary injunction restraining the non-willing brothers from selling, creating third-party rights, mortgaging, or taking new loans against any joint property while the case is pending.
In the suit for partition, you can include all properties even those registered under individual names.
Under Indian Partnership Act, if properties were purchased using funds generated from the joint business firm, they are treated as joint/partnership assets, regardless of whose individual name appears on the sale deed.
If a property was purchased in an individual's name for convenience using joint firm funds, courts allow claims to prove it is joint property.
The court fee for a partition suit depends on the state where the properties are located and whether your father has joint physical possession.
lawyer fee Varies depending on the lawyer's experience, property valuation, and the court's jurisdiction.
Time taken for disposal of partition suit Varies depending on the lawyer's experience, property valuation, and the court's jurisdiction.
The court fees can depend on the market value of the properties, but only if your father has been completely ousted or excluded from possession.
If your father is a co-owner, shareholder, or partner, Indian law presumes "possession by one co-owner is possession by all.
As long as your lawyer drafts the plaint stating that your father is in joint legal possession of the properties, you pay a nominal flat fee, saving a massive amount of money regardless of whether the properties are worth ₹1 Crore or ₹100 Crores.
File the Suit with an Injunction Application: Moving the court immediately freezes the non-willing brothers' ability to leverage the properties for new business loans. Once their credit line is frozen, their incentive to prolong the case disappears.
Mediation under section 89 CPC is another option to get the case disposed expeditiously.