Partition of Property and The Legal Principles to be Applied

Partition of Property and The Legal Principles to be Applied

In a recent judgment, important principles on property was discussed.

Section 16 of Code of Civil Procedure, 1908 provides that subject to pecuniary or other limitations prescribed by any law, suits inter alia for partition of immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate. Proviso thereto provides that suit relating to immovable property may be instituted either in the Court within the local limits of whose jurisdiction the property is situate or in the Court within the local limits of whose jurisdiction the Defendant actually and voluntarily resides or carries on business or personally works for gain, where the relief sought can be entirely obtained through his personal obedience. There is, however, an Explanation to the Section which provides that ‘property’ means property situate in India.

Prima facie it also emerges from a plain reading of the Explanation to Section 16, which categorically stipulates ‘property’ means property situate in India.

Citation : Samaira Kapur v. Priya Kapur [2026] GCtR 362 Delhi)