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How is the final partition of a property carried out in a partition suit when the property includes an unregistered house, and one of the co-owners—a widow daughter-in-law aged over 60—has been living in one room of the property for over 30 years? Will the partition be done on a land area basis or a room basis? There are five co-owners, and the house comprises four large rooms in a row, with a long veranda in front of them, and two small rooms at either end of the veranda. The land measures 1,440 square feet, with a frontage of 23 feet and a depth of 63 feet. All the daughters are aged 65 or older. This property belongs to a Hindu family.
In partition cases, the property is usually divided by land share, not by rooms. Since the widow has stayed there for 30+ years, the court may allow her to keep that portion or adjust her share. You can request the court to appoint a Commissioner to divide the property fairly among all owners. For further legal assistance contact us on our helpline number.