Suit for partition and separate possession
A co-sharer's plaint with the pedigree and shares, the schedule of joint properties, a preliminary decree and a local commissioner.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Civil Judge (Junior Division), Amarnagar
Civil Suit No. ______ of 2026
Versus
SUIT FOR PARTITION AND SEPARATE POSSESSION AND RENDITION OF ACCOUNTS
(of the plaintiff's 1/3 share in the joint properties described in the plaint)
Respectfully Showeth:
1.That the defendants to this suit are:
| Defendant No. | Name, parentage and address |
|---|---|
| 1 | Gurdev Singh son of Shri Karnail Singh, aged about 48 years, resident of House No. 88, Model Town, Amarnagar, Tehsil and District Amarnagar, Punjab |
| 2 | Harjit Singh son of Karnail Singh, aged about 46 years, resident of Village Kalyanpur, Tehsil and District Amarnagar |
2.That Karnail Singh, the father of the parties, owned the properties described below; he died intestate on 12-01-2019, his wife having died before him, and on his death the properties came to his three children, the parties to this suit, in equal shares.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The pedigree table (shajra nasab) of the family, with the death certificates of the owners who have died
- The jamabandi (fard) and mutations of all the joint land, and the deeds or municipal records of the joint houses and plots
- A list of every co-sharer with full address: every one must be made a party
- Any family settlement, will or earlier partition papers, and proof of the income if you ask for accounts
- Your identity proof, and a vakalatnama in favour of your advocate, signed by you
Where to go
Filed through an advocate in the civil court of the area where the property lies, with the supporting affidavit; the court first fixes the shares (preliminary decree), then has the property divided, usually through a local commissioner.
Fee
Court fee depends on whether you are in joint possession or kept out, under the state's court-fee law, as the counter or your lawyer confirms; also the process fee for the summons. The advocate's fee is separate.
Good to know
- Joint agricultural land is often partitioned by the revenue officers instead: see "Application for partition of joint land (taksim)".
- Leaving out a co-sharer can make the suit fail: check the pedigree against the jamabandi.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.