Dividing shared property – especially family land- often leads to disputes in Bangladesh. When co-owners or heirs cannot agree on how to split immovable property, one legal remedy is a partition suit. This article gives you a detailed, clear, human-friendly breakdown of what a partition suit is, when it applies, how to file one in Bangladesh, what the law says (especially under the Partition Act, 1893), and how our firm can help you navigate the process.
A partition suit is a legal action taken by one or more co-owners of a property (or their heirs) seeking to divide the property among themselves. The goal is to convert a jointly-held or undivided property into separate individual shares. Key points:
The property must be jointly held (by co-owners, partners, or members of an undivided family).
One co-owner (or heir) files the suit when an agreement cannot be reached to divide the property amicably.
The court may order physical division (each party gets a separate portion) or where that’s impractical, a sale of the property with distribution of proceeds. The Partition Act provides for sale when division isn’t reasonably convenient.
It’s commonly used when there’s ancestral or inherited property, or a family wants to separate their interest legally. For example under Hindu joint family law it is often an option.
The Partition Act, 1893 provides statutory authority for partition suits. Under Section 2 the court may order sale instead of division if division is impracticable.
Court decisions also emphasise that even filing a suit for partition may effect severance of joint status in a Hindu joint family property context.
Courts in Bangladesh have reaffirmed that mere assertion of right to partition triggers action and the property rights can be determined accordingly.
“Law is not just about rules, it’s about empowering justice, progress, and every human possibility.”
Here is a practical roadmap to follow if you are considering a partition suit.
List all co-owners, heirs, joint family members who have interest in the property.
Clearly define the property: location, plot/mouza, khatian/porcha numbers, extent, survey details.
Determine ownership shares, if any prior partition exists, any prior settlement etc.
Before filing a suit it’s advisable (and often expected) to attempt an amicable settlement among parties. Courts favour settlement where possible.
Local authorities and ministry statements also emphasise that registered partition deeds reduce disputes. Daily Observer
File the suit in the civil court having jurisdiction where the property is located.
The plaint should include: details of joint ownership, why partition is sought, description of property, shares claimed. (Similar to procedures in other jurisdictions) barelaw.in+1
Attach relevant documents: title deeds, khatian/porcha, previous settlement if any.
Pay appropriate court fees (based on value/share).
The court summons all co-owners/defendants.
They can file written statements, contest the suit.
Early stage: determination of parties, entitlement, joint status.
If property is physically divisible the court may issue a preliminary decree allocating shares to parties.
If property cannot reasonably be divided (e.g., small plot, building, ancestral house) the court may order sale of property and division of proceeds under Section 2 of the Partition Act. laws.sayed.app+1
Court executes the preliminary decree (physical division or sale).
If sale: valuation, sale of property, distribution according to shares.
If division: measuring/marking out portions, local land office mutation to change records.
Ensure partition deed or sale deed is executed and registered.
Mutation (name change) in local land revenue records so each party’s share is reflected.
Update other records (porcha/khatiyan, tax, utilities).
Here’s what you’ll want to gather before you file:
Certified copies of all title deeds, transfer deeds, previous partition deeds if any.
Land record: Khatiyan/Porcha, mouza survey, etc.
Mutation/namjari records if available.
Family tree or list of heirs/co-owners.
Exhibits showing co-ownership: joint possession, previous transactions.
Details of property: area, boundaries, survey number, plot number, location.
If opponents rely on prior settlement, copy of that settlement or deed.
Proof of service/possession if you’re in possession of your share.
For sale mode: valuation of property, advertisement/notice for sale (if court orders sale).
Partition suits can take considerable time — months or years depending on complexity, number of parties, whether settlement is possible, whether sale mode is required. Practical studies highlight delay as a major issue.
Costs: court fees (based on share value), lawyer’s fees, valuation costs, local commission costs for survey/partition, registration costs for partition deed or sale deed.
If property needs sale: valuation commission, advertisement, possible auction or private sale directed by court.
For parties doing settlement instead of suit: Registered partition deed may greatly reduce disputes and time.
Non-joining of all co‐owners/heirs. All persons with share must be parties; failure may lead to suit being set aside.
Attempt at partial partition when whole property should be included. Court may reject partial partition and insist on partition of whole undivided property.
Not showing cause of action or entitlement clearly. Plaintiff must prove co‐ownership/share.
Ignoring local land records/mutation. Even after decree, if mutation is not done your share may not be reflected in land records.
Assuming sale mode will always be possible. Court may choose sale only if division is impracticable—so choose representing counsel who explains real likelihood.
Overlooking litigation risk of multiple heirs or unfound heirs. If many unknown heirs exist, the process can be more complex and costly.
Delays due to backlog or lack of clear documents. Better to consult early and ensure all documents are in order.
A co-owner or heir of property jointly held who seeks to divide their share can file. All persons with interest should be joined in the suit.
Yes. Under Section 2 of the Partition Act, if division is not reasonably practicable, court may order sale and distribution of proceeds.
Yes — if all co-owners agree, they can execute a registered partition deed and record mutation. This settlement reduces need for litigation and is advisable.
You may transfer your share, but buyer may inherit co-ownership problems. For cleaner rights and sale value, obtaining partition (or a clear share) is wise.
If you’re facing a joint property dispute, planning a partition suit or thinking of executing a partition settlement, our team offers full-service assistance:
We review title and co-ownership structure; identify all parties and rights.
Draft or review the plaint, make sure correct court, property description, shares, documents are in order.
Manage the court process: service of summons, written statements, hearings, evidence, and commission appointment if required.
Handle documentation of preliminary and final decrees; help you effect mutation and registration of partition deeds or sale deeds.
Provide options for negotiated settlement (registered partition deed) rather than lengthy litigation, when viable.
Offer transparent cost estimates, timeline outlook and risk-assessment so you make informed decisions.
Don’t let unresolved joint property drag on. If you’re ready to enforce your rights or protect your share in a jointly held property, book a consultation with us now. We will evaluate your case, map out the best path — whether that’s negotiation & deed or full partition suit — and guide you to the strongest possible outcome. Let our expert legal team handle the complexity so you focus on your future.
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