A suit which is filed to settle a disagreement between co-sharers and to achieve exclusive ownership by separating their portion from the jointly owned property is called partition suit. Section 4 of the Partition Act, 1893 deals the partition suit. A suit for partition has to file in the civil court having competent jurisdiction. A co-sharer who is in possession of more land than his share is obligated to part with it, but a co-sharer who is in possession of less land than his share is always allowed to ask for partition by filing a partition suit. If his claim is supported by evidence, he is entitled to have the land divided. It is also necessary to register a court order approving a compromise or settlement in which the parties’ shares are divided.
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