Partition effectively puts an end to joint ownership: 1. **Partition by Metes and Bounds (Physical):** The property is physically divided (e.g., land is split into plots). Each owner gets a specific portion. 2. **Partition by Sale:** If physical division is not practical (e.g., a single flat), the property is sold—either to a third party or one co-owner buys out the others—and the proceeds are distributed according to shares. Your legal notice can demand either mode depending on the property type.

* **Ancestral Property:** Property inherited from four generations of male lineage. You have a birthright in this. A partition notice can be sent anytime. * **Self-Acquired Property:** Property purchased by an individual. They can sell or gift it to anyone. Legal heirs can only claim partition *after* the owner dies (if there is no Will).

Since the *Hindu Succession (Amendment) Act, 2005*, daughters are coparceners. This means they have the **same rights** as sons in ancestral property, including the right to ask for partition and claim an equal share. A married daughter can also send a legal notice for partition to her father or brothers.

A legal notice for property partition is sent by a co-owner to demand division of jointly owned property. Under Hindu law, Muslim law, and general property law, every co-owner has an absolute right to demand partition of joint family property, ancestral property, or co-owned property. This notice formally demands your share of the property through physical division or sale and distribution of proceeds. It's the first step before filing a partition suit under Section 2 of the Partition Act 1893.

• Demands division of jointly owned or ancestral property
• Absolute right of co-owner under law (cannot be denied)
• Covers Hindu Undivided Family (HUF) property and co-ownership
• Can demand physical partition or sale and distribution
• Prerequisite before filing partition suit in civil court

You can send a legal notice for partition in these situations:

• Joint family property (ancestral property under Hindu law)
• Property inherited jointly by siblings or legal heirs
• Co-owned property purchased jointly by multiple persons
• Property held as tenants-in-common or joint tenants
• Hindu Undivided Family (HUF) property where you're a coparcener
• When other co-owners refuse to divide property amicably
• When you want to separate your share for sale or independent use

The right to partition is an absolute legal right recognized under Indian law. For Hindus, the Hindu Succession Act 1956 and Partition Act 1893 govern partition. Every coparcener in a Hindu Undivided Family has an absolute right to demand partition of ancestral property. Since the 2005 amendment, daughters also have equal coparcenary rights by birth. For Muslims, partition is governed by Shariat law and general property law. For co-owned property (non-ancestral), any co-owner can demand partition as their right cannot be denied by other co-owners. The only question is the mode of partition—physical division or sale.

There are two main methods of partitioning property:

The property is physically divided into separate portions based on each co-owner's share. For example, a house divided into separate floors, or land divided into separate plots with clear boundaries. This method is preferred when the property is large enough to be meaningfully divided without destroying its value or utility. Courts will order physical partition with the help of commissioners who measure and demarcate shares.

• Property divided into separate physical portions
• Each co-owner gets exclusive possession of their share
• Suitable for large properties (land, multi-floor buildings)
• Court appoints commissioner for measurement and division

When physical partition is not feasible (small property, indivisible asset, or co-owners unable to agree on division), the court orders sale of the entire property and distribution of sale proceeds according to each co-owner's share. This is common for single residential houses or properties where division would destroy value.

• Entire property sold through court auction
• Sale proceeds divided among co-owners as per their shares
• Used when physical partition not feasible
• Court supervises sale to ensure fair market value

Your legal notice should comprehensively establish your claim:

• Details of the property: location, area, registration details
• Nature of co-ownership (ancestral, inherited, jointly purchased)
• Details of all co-owners and their respective shares
• Your legal right to demand partition (coparcener, legal heir, co-owner)
• Attempts made to resolve partition amicably
• Demand for physical partition with specific proposal for division
• Alternative demand for partition by sale if physical division not feasible
• Demand for accounts (if property generates income like rent)
• Warning of partition suit if demand not accepted

After the notice, co-owners may agree to partition amicably through mutual settlement deed and division. If they refuse or cannot agree, you need to file a partition suit in Civil Court. The court will examine ownership documents, determine each co-owner's share, appoint commissioners to inspect and value the property, decide between physical partition or sale based on feasibility, and pass a preliminary decree (determining shares) followed by final decree (actual partition). Partition suits typically take 2-5 years depending on property complexity and disputes over shares.