The Procedure for Partition of Jointly Owned Property in Punjab

There can be a number of issues involved with the management and utilisation of joint property. Sometimes the disagreement between co-owners can be one that simply can’t be solved. In such a case, division of property is usually the only option left.

Similarly, in case someone buys a share in a joint property and he doesn’t want to share the property with the other co-owners, he will have to have it partitioned. A share in a jointly owned family home can’t even be possessed if the new buyer is not a family member. He has to get it partitioned as per Section 44 of the Transfer of Property Act 1882.

Here is all you need to know about the procedure for partition of property in Punjab:

Suit for Partition

A private agreement between co-owners can work as long as no problem arises between them. Two owners can actually divide the property between them through such an agreement as well. However, Mian Irfan Tahir, a high court lawyer, explained that if a disagreement arises, the recourse may still have to be made to the court. Moreover, any such agreement will become legally binding only through the intervention of the court under the Punjab Partition of Immovable Property Act 2012. It serves to expedite and speed up the process of partition if all co-owners agree to it.

In any case, a suit has to be filed in the court under Section 4 of the Punjab Partition of Immovable Property Act 2012 for partition of the property with all the other co-owners as defendants in the case. All the documents relevant to the property which the plaintiff possesses are to be attached with the suit.

Notice to Defendants

As a result of the suit, the defendants are sent notices to appear in the court under Section 5 of the Punjab Partition of Immovable Property Act. If a defendant does not appear despite repeated notices through different means, the court can proceed ex parte against the defendant.

Question of the Title of Property

If there is a dispute about the question of title, that is, who owns the property, the court will first decide such questions before moving on to the question of partition of property according to Section 8 of the Partition of Immovable Property Act.

Mesne Profits

Mesne Profits is the money paid for the wrongful occupation of a property to someone who had the actual right to occupy that property in that time. In the sense of a joint ownership, it means the money/profits, according to the share in property, paid by the co-owner in possession of the property to other co-owner who wasn’t in possession.

According to the Section 7 of the Punjab Partition of Immovable Property Act 2012, the court can order the co-owner in possession of the property to submit mesne profit in the court. These profits basically amount to the money he pays for the use he may put the property of his co-owner to. If the order of the court is not complied with, it can dismiss the case if the defaulter is the plaintiff or take away the right to defence and evidence if he is the defendant.

In any case, under Section of 12 Punjab Partition of Immovable Property Act 2012, the court deducts the mesne profits from the share of the co-owner in possession of the property and grant it to the co-owner who was not in possession of the joint property when concluding the case.

Referee

If all the parties agree, the court appoints a referee to partition the property under Section 9 of the Punjab Partition of Immovable Property Act 2012 and specifies the time in which that has to be done. At this time, one or more co-owners can apply to the referee to combine their shares even while dividing the property of the rest of the co-owners.

The referee presents his proposal for partition of the property to the court. The court can then affirm and approve such a proposal.

Auctions

Restrictions can be placed by town planning laws on the partition of the land, and this is generally the job of referee to find out and decide. However, later court also looks at the legality of the proposal presented by the referee. In either of these cases or in case the co-owners fail to reach an agreement regarding a referee, the court can order an internal auction of the property instead of partition under Section 10 of Punjab Partition of Immovable Property Act 2012. In the internal auction only the co-owners or their authorised agents can take part. The highest bidder for the property then has to pay the auction price to the rest of the owners subtracting the price from his share of the property.

If the internal auction fails for any reason, an open auction can also be ordered by the court under Section 11 of the Punjab Partition of Immovable Property Act 2012. A co-owner can participate in such an auction too.

Private Settlement

After the presentation of the suit in court and before the open auction, the parties can, at any stage, according to Section 13 of the Punjab Partition of Immovable Property Act, submit in the court a private settlement between each other. The court will decide the matter according to decisions taken in such a private settlement without going through any of the other procedures.

Are you a co-owner of a joint property? Do you have any questions about it? You can talk with us in the comments section. You can also head to the Zameen Forum for a more extensive discussion.