Partition

Partition is defined as the dividing of lands held by Joint tenants, coparceners, or tenants in common, into distinct portions, so that they may hold them in severalty. It is a division of real or personal property between co-owners or co-proprietors. In India, there are various laws that deal with property in India as follows:

According to the Property Partition Laws in India, properties can be categorized into two main types:

1. Self-Acquired Property

A self-acquired property refers to a property bought using a person's own income, and is not inherited from ancestors. This category also includes properties received through gifts or wills.

However, a self-acquired property is non-divisible during the owner's lifetime. The owner has the liberty to create a will to decide the distribution of the property after their death. In case the owner passes away without a will, the property is then transferred to the class 1 heirs.

2.Ancestral Property

Ancestral property refers to assets that have been obtained by an individual's predecessors. This typically includes possessions that have been passed down through at least four generations.

Every member born within the family inherently holds a stake in the ancestral property due to their birthright. This means that they're entitled to a share by virtue of their birth into the family, and the property is subject to partition among them.

 

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