A partition suit is a civil suit filed by a co-owner of property to obtain their share of the jointly owned property. In Bangladesh, partition suits are extremely common, particularly in family property disputes where inherited land has not been formally divided among heirs. TRW — Tahmidur Rahman Remura Wahid Law Associates handles partition suits with expertise in both the legal and practical aspects of property division.
Legal Basis for Partition
The right to partition in Bangladesh is governed by the Partition Act 1893 and the personal laws applicable to the parties. For Muslims, the Islamic law of inheritance (as applied by Bangladesh courts) determines the shares of each heir. For Hindus, the Hindu law of partition applies. The Partition Act 1893 provides the procedural framework for partition suits. Section 4 of the Partition Act allows a co-sharer to apply for partition by sale if physical division is not possible.
The State Acquisition and Tenancy Act 1950 also contains provisions on partition of agricultural land. TRW advises on the applicable law and the appropriate procedure for each partition case.
The Partition Suit Process
The partition suit process involves the following steps. TRW files a plaint before the appropriate civil court, identifying the property to be partitioned, the parties' shares, and the relief sought. The court issues summons to all co-sharers. TRW files a local inspection petition to have the property inspected and measured by a commissioner. The court determines the shares of each party and passes a preliminary decree for partition. A final decree is then passed specifying the exact portion of the property allotted to each party. If physical division is not possible, the court may order a sale and distribution of the proceeds. See our guide on property cases in Bangladesh.
Pre-Emption Rights
In Bangladesh, a co-sharer has the right of pre-emption — the right to purchase another co-sharer's share if it is sold to an outsider. Pre-emption cases must be filed within a strict limitation period. TRW advises co-sharers on their pre-emption rights and files pre-emption cases promptly when a co-sharer's share is sold without notice.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's property litigation team handle partition suits across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a partition suit be filed even if one co-sharer refuses to agree to partition?
A: Yes. Any co-sharer can file a partition suit without the consent of the other co-sharers.
Q: How long does a partition suit take in Bangladesh?
A: Partition suits can take 2-5 years in the lower courts. TRW advises on strategies to expedite the proceedings.
Q: Can I get my share of the property before the final decree?
A: TRW can apply for interim relief, including a local inspection and a preliminary decree, to establish the parties' shares at an early stage.
