பாகப்பிரிவினை வழக்கு: சொத்தை எப்படிப் பிரிப்பது

Commonly believedWe divided the property orally years ago, so there is nothing left to partition.

In factThe Supreme Court in Vineeta Sharma (2020) held that a plea of oral partition cannot ordinarily be accepted, and one resting on oral evidence alone is to be rejected outright. What counts is a registered partition deed or a decree of court, with a narrow exception where public documents corroborate the division.

Commonly believedMy sister married before 2005, so she has no share.

In factA daughter is a coparcener by birth, whether born before or after the 2005 amendment, and it does not matter whether the father was alive on 9 September 2005. Marriage is irrelevant. A daughter can be brought in even after a preliminary decree, in the final decree proceedings or on appeal.

Commonly believedThe preliminary decree means the case is over.

In factIt only declares the shares. The property is divided in the final decree proceedings, through a Commissioner who measures, allots and reports. The opposite trap matters more: if you do not appeal the preliminary decree, you cannot dispute those shares later.

Commonly believedPartition suits carry a small fixed court fee in Tamil Nadu.

In factOnly if you are in joint possession. If you have been excluded, the fee is on the market value of your share, which on a Chennai property is a different order of magnitude. And if you also want a settlement or sale deed cancelled, a separate fee is payable on that relief — a partition plaint cannot shelter the cancellation under the fixed rate.

Commonly believedMy name is on the patta, so the property is mine.

In factA patta is a revenue record, not a document of title — the Madras High Court has said so directly, and the Supreme Court has held that a mutation entry confers no right, title or interest and exists for fiscal purposes. Title comes from the registered deeds. The reverse is also true: having no patta does not defeat a title you otherwise hold.