Can I Send A Legal Notice For Partition Of Property?

Table Of Content

• Is it mandatory to send Legal Notice for Property Partition?
• Can I Send a Property Partition Legal Notice?
• In which conditions should I send a Legal Notice?
• How to send a Legal Notice for Partition of Property with eDrafter?
• What should I consider while sending a Legal Notice for Partition?
• What should be mentioned in Legal Notice?
• Conclusion

Property partition can be a complex and emotionally charged process, especially when it involves family members or long-standing co-owners. In India, sending a legal notice for partition of property is a common initial step in this process. While not mandatory, it serves as a formal communication of intent and can pave the way for an amicable resolution or set the stage for further legal action. This article explores the concept of sending a legal notice for property partition, its implications, and the circumstances under which it might be advisable.

Is it mandatory to send Legal Notice for Property Partition?

Sending a legal notice for partition of property is not mandatory in India but it is often recommended to do so because of the following reasons:

• It is considered to be beneficial for both parties and hence is generally. Advised by lawyers.
• It serves as a method to convey your intention to the other party that you want to seek partition.
• It is also beneficial for protecting family relations as it paves the way for courts of settlement.
• Also, there may be some statute due to which a legal notice might be mandatory for some types of properties.
• It is inexpensive and provides for quick grievance redressal as it expresses your intention and 
• Also in some cases it serves as an important document for calculating the limitation period for filing a suit.
• It also warns the opposite if they have illegally captured ancestral land.

Can I Send a Property Partition Legal Notice?

Yes you can send a property partition legal notice in India. Here’s how you can draft and send one:

Drafting the Notice

• While you can draft the Legal Notice yourself, it’s advisable to have a lawyer do it to ensure all legal aspects are covered.
• Include details of all parties involved, property description, your claim, and proposed partition.

Content of the Notice

• Clearly state your intention to partition the property.
• Provide details of your share and basis of claim.
• Request for an amicable settlement within a reasonable timeframe.

Sending the Notice

• Use registered posts with acknowledgement due.
• Send to all co-owners or involved parties.

Keep Records

• Maintain copies of the notice and proof of delivery.

Wait for Response

• Allow reasonable time for the other parties to respond.

In which conditions should I send a Legal Notice?

Such type of legal notice can be sent in several situations like;

1. If there is a property dispute over the division in family or about who will have how many shares.
2. If you want to distribute a common ancestral property among your siblings or family members.
3. If you want to claim your part of the ancestral or inherited property.
4. When you believe that your common ancestral property has been mismanaged by other family members.
5. If you want to sell your part of the property but the co owners are not willing to sell their part.
6. If you are being denied your right to enjoy undisputed enjoyment of your land.
7. If you want to seek an out of court settlement without involving lengthy court cases.
8. To make your intention clear of partition to the other party.
9. If you live abroad and you are not able to have informal conversation with the other parties.
10. It also helps to create a paper trail of evidence before filing the case in the court.

Also Read; Types of Legal Notice

How to send a Legal Notice for Partition of Property with eDrafter?

The process is really easy, you just need to follow these simple steps for sending parting of property legal notice. Here are the steps:

1. Firstly, visit our website edrafter.in and click on Legal Notice in Services section of the main menu of our website.
2. Now, you will be redirected to our Legal Notice page where you need to fill a simple form to provide us some required information.
3. Now, we will schedule a call with our advocate and we will share the details on mail with you.
4. During the call, our advocate will understand your case and your requirements for legal notice.
5. Now, Advocate will draft the notice and send it to you on your email for your approval.
6. Here, you can check the draft and ask the advocate for any necessary changes and the advocate will do the same and share again for approval.
7. Once you approve the draft, Advocate will send the notice to the other party.

What should I consider while sending a Legal Notice for Partition?

Here’s the guide on consideration points while legal notice for partition of property:

1. Notice Drafting

• It’s highly recommended to have a lawyer draft the notice to ensure all legal aspects are covered.
• If drafting yourself, research thoroughly and consider legal templates.

2. Content of the Notice

• Include full names and addresses of all parties involved.
• Clearly describe the property in question.
• State your claim and the share you’re seeking.
• Explain the basis of your claim (inheritance, purchase, etc.).
• Request an amicable partition within a specific timeframe.
• Mention potential legal action if no response is received.

3. Format

• Use formal language and a professional tone.
• Clearly mark it as a “Legal Notice for Partition of Property.”
• Date the notice.

4. Sign the Notice

• Sign it yourself or have your lawyer sign it.

5. Send the Notice

• Use registered post with acknowledgment due (RPAD).
• Send separate copies to each involved party.

6. Keep Records

• Retain a copy of the notice for your records.
• Keep the postal receipts and acknowledgments.

7. Follow-up

• If you don’t receive a response within the given timeframe, consider sending a reminder.

8. Next Steps

• If you receive a positive response, proceed with negotiations.
• If there’s no response or a negative one, consult your lawyer about filing a partition suit.

What should be mentioned in Legal Notice?

A well-drafted legal notice for partition of property should include the following key elements:

1. Title: Clearly mark it as “Legal Notice for Partition of Property”
2. Date: The date of issuing the notice
3. Sender’s details:

• Your full name
• Address
• Contact information

4. Recipient’s details:

• Full name(s) of all involved parties
• Their addresses

5. Subject line: Brief description of the notice’s purpose
6. Property details:

• Full description of the property (address, dimensions, etc.)
• Any identifying numbers (survey number, plot number, etc.)

7. Background:

• How the property was acquired
• Current ownership status

8. Your claim:

• Your relationship to the property
• The basis of your claim (inheritance, purchase, etc.)
• The share you’re claiming

9. Reasons for partition:

• Briefly explain why you’re seeking partition

10. Request for amicable settlement:

• Express your desire to settle the matter out of court
• Propose a method for division

11. Timeframe:

• Specify a reasonable time period for response (usually 15-30 days)

12. Consequences:

• Mention potential legal action if no response is received

13. Legal provisions:

• Cite relevant laws supporting your claim (your lawyer can help with this)

14. Closing:

• Request for a written response
• Your signature
• Date

15. If sent through a lawyer:

• Lawyer’s name and contact information
• Lawyer’s signature

Remember, the notice should be factual, clear, and free from emotional language or threats. It’s a formal document, so maintain a professional tone throughout.

Conclusion

In conclusion, sending a legal notice for partition of property is a viable and often recommended step in the property division process. While not legally required, it can serve multiple purposes: it formally communicates your intention, potentially leads to an out-of-court settlement, and demonstrates your attempt at an amicable resolution if the matter proceeds to court. However, the decision to send a legal notice should be made after careful consideration of your specific circumstances and preferably with legal guidance. Remember, property partition can be a complex legal matter, and the notice is just the beginning of what could be a lengthy process. Whether you choose to send a notice or proceed directly to court, it’s crucial to approach the situation with a clear understanding of your rights, the potential outcomes, and the legal implications of your actions.