how final partition of a property is done in partition suit case when there is an unregistered house & a co-owner, who is a widow daughter-in-law, aged 60+ is living in 1 room of that property for 30+ yrs? Will the partition be done land basis or room basis? There are 5 co-owners with 4 big rooms 1 after another with long veranda in front of the rooms and 2 small rooms one each on the end of veranda. The land is 1440sqft with front 23ft and depth 63ft. All the daughters are 65+ yrs. This property belongs to a hindu family.

In a partition suit involving an unregistered house belonging to a Hindu family, the final partition depends on several legal and factual considerations. Based on the facts you've provided, here's a breakdown of how partition typically proceeds in such cases -

1. Nature of Property - The property is ancestral or joint Hindu family property, and has not been registered individually. The presence of multiple co-owners (5 total), including a widow daughter-in-law in possession, is significant.

2. Legal Position of Widow Daughter-in-Law - Even if not a co-owner by title, a widow daughter-in-law living in the property for over 30 years may claim residence rights under Section 19 of the Protection of Women from Domestic Violence Act, 2005, and/or Equitable reliefs under civil law as a long-term occupant and family member. However, residence rights are not ownership rights, unless inherited from her deceased husband or by will.

Direct partition of the land as a whole, not room-by-room, unless all parties agree or if physical partition is equitably and practically possible. If the property structure allows a fair and independent division of built-up rooms (like in your case: 4 big rooms + 2 small rooms + veranda), physical partition (metes and bounds) may be ordered. However, If Physical Partition Is Not Equitable: The court may order sale of property and division of proceeds, especially when physical division is not feasible. 

09/06/2025 17:48 pm