Partition suits are among the most common yet complex property cases in Bangladesh. When two or more co-owners of a property cannot agree on how to divide their shares, a Partition Suit becomes the only legal path to ensure fair distribution through the courts.
Table of Contents
This guide by Dewey & LeBoeuf explains the complete process of filing and defending a Partition Suit in Bangladesh in 2025, including documents, costs, strategies, and frequently asked questions.
What is a Partition Suit in Bangladesh
A Partition Suit is a legal proceeding filed in a civil court to divide jointly owned property among co-owners according to their lawful shares. It usually arises when co-owners disagree about how to divide land, houses, or inherited property.
Under Bangladeshi law, co-owners are entitled to enjoy their undivided property jointly. However, when one or more owners want their individual share to be separated and owned independently, they must file a Partition Suit under the Code of Civil Procedure, 1908.
Example
Suppose three brothers inherit a piece of land from their father. If one brother wants to sell his portion but the others refuse to divide the land, he can file a Partition Suit to legally separate his share so he can sell or use it independently.
Legal Basis of Partition Suits
Partition suits in Bangladesh are governed by:
- Code of Civil Procedure, 1908 (CPC) – primarily Sections 54, Order 20 Rules 18, and Order 26.
- Registration Act, 1908 – for registering final decrees involving immovable property.
- Evidence Act, 1872 – for proving ownership and possession.
- Transfer of Property Act, 1882 – for defining rights in property and transfers before or after partition.
Who Can File a Partition Suit
Any co-owner or joint owner who has a legal share in the property can file a Partition Suit. The plaintiff must have a recognized ownership interest, either through inheritance, purchase, or gift.
You can file a Partition Suit when:
- All co-owners are not in agreement about the division.
- One or more co-owners are occupying more than their fair share.
- Sale, mortgage, or transfer of a joint property is impossible without formal partition.
Step-by-Step Process of Filing a Partition Suit in Bangladesh
Step 1: Verification of Ownership and Title
Before filing a Partition Suit, verify your ownership documents. This includes:
- Title deed or kabala
- CS, SA, RS, or BS khatian records
- Mutation certificates
- Tax receipts or rent receipts
You must ensure your name appears as a co-owner in official land records.
Step 2: Issuing a Legal Notice
It is often wise to serve a legal notice to other co-owners before going to court. This gives them a chance to settle amicably. A well-drafted notice can sometimes lead to a mutual partition without litigation.
Step 3: Engaging a Property Lawyer
Hiring an experienced property lawyer is crucial. Partition suits require careful drafting, valuation, and handling of evidence. Your lawyer will assess:
- The ownership percentage of each party.
- Whether physical partition is possible.
- The most strategic district court to file the case in.
Step 4: Drafting and Filing the Plaint
Your lawyer will draft a plaint, which is the main petition to the civil court. The plaint must include:
- Details of the property (location, size, schedule).
- Names and shares of all co-owners.
- Cause of dispute.
- Prayer for partition through metes and bounds.
Once filed, the court will issue a case number and summon all defendants.
Step 5: Written Statement by Defendants
After receiving the court summons, the other co-owners (defendants) file their written statement (WS). They may admit, deny, or challenge the plaintiff’s claim. This step defines the core legal issues for trial.
Step 6: Hearing and Evidence Stage
The court then fixes a date for hearing. Both sides will submit:
- Title deeds, mutation and khatian records, and any transfer documents.
- Witness statements and cross-examination.
- Surveyor or commissioner’s report if needed.
Evidence must clearly prove ownership and possession.
Step 7: Appointment of Advocate Commissioner
The court usually appoints an Advocate Commissioner (AC) under Order 26 CPC to physically inspect the land. The AC’s task is to:
- Measure the property.
- Identify boundaries and occupants.
- Suggest possible divisions according to ownership shares.
The Commissioner submits a written report to the court, which becomes crucial evidence.
Step 8: Preliminary Decree
After reviewing all evidence, the court passes a preliminary decree declaring each party’s share (for example, plaintiff 1/3, defendant 1/3, etc.).
This decree does not yet divide the property physically. It only establishes legal ownership proportions.
Step 9: Final Decree and Partition by Metes and Bounds
Once the preliminary decree is confirmed, the court proceeds to issue a final decree that physically divides the property through metes and bounds. This means each party receives a specific, demarcated portion.
The final decree can then be executed by the local land office and registered under the Registration Act, 1908.
Step 10: Execution of Decree
The execution stage ensures the parties actually receive their allocated shares. If one party refuses to vacate or cooperate, the court can use force through the local administration or police.
Legal Strategy for Winning a Partition Suit
Partition suits often take several years, so strategic planning is key.
1. Collect Strong Documentary Evidence
Gather all title deeds, mutation khatians, rent receipts, and tax payment records. The more authentic your documents, the stronger your claim.
2. Avoid Contradictory Statements
Ensure that your written statement, witness depositions, and documents remain consistent. Contradictions weaken credibility.
3. Challenge Possession Claims
If another co-owner claims exclusive possession or adverse possession, your lawyer should counter with proof of your joint ownership and continued interest in the property.
4. Use a Professional Advocate Commissioner
Request a reliable and neutral Advocate Commissioner. An experienced surveyor ensures fair physical division and accurate measurement.
5. File for Temporary Injunction (If Needed)
If any co-owner tries to sell or transfer the property during the case, file a temporary injunction under Order 39 CPC to prevent unauthorized sale or construction.
6. Aim for Mediation When Possible
Mediation can save time and cost. Courts often encourage settlement among family members. A lawyer can help structure a fair settlement based on valuation.
Duration and Cost of a Partition Suit in Bangladesh
Average Duration:
- Preliminary decree: 1 to 3 years (depending on complexity).
- Final decree: an additional 1 to 2 years.
- Total timeline: 2 to 5 years on average.
Cost Estimate:
- Lawyer’s fees: depend on property value and location (commonly BDT 50,000 to 300,000).
- Court fees: based on vthe aluation of the plaintiff’s claimed share.
- Surveyor or commissioner fees: set by the court.
Timely document submission and proper follow-up can reduce delays significantly.
Documents Required for a Partition Suit
- Title Deed or Kabala of ownership.
- Mutation certificate and records.
- CS, SA, RS, or BS khatian.
- Up-to-date rent and tax receipts.
- NID copies of all owners.
- Power of attorney (if applicable).
- Valuation certificate or map (if available).
After the Final Decree – Registration and Mutation
After the final decree is issued, it must be registered under the Registration Act. Once registered, each party can apply for mutation in their own name for their separated share.
After a mutation, you become the absolute owner of that portion and can sell, mortgage, or transfer it freely.
Appeal and Revision Rights
If any party is dissatisfied with the judgment, they can appeal to the District Judge Court or the High Court Division within the limitation period (generally 90 days).
However, appeals are costly and time-consuming, so ensure your case is prepared properly from the beginning.
Partition Suit vs. Family Settlement
Some families prefer to divide property through a family settlement deed instead of a court case.
Family Settlement Advantages:
- Faster and less expensive.
- Keeps relations intact.
- Can be registered and legally binding.
If all parties agree, a family settlement can replace a partition suit entirely. However, if even one co-owner disagrees, a Partition Suit remains the only enforceable option.
Common Challenges in Partition Suits
- Disputed Title – If title deeds are unclear or overlapping, extra verification is needed from the land office.
- Missing or Uncooperative Co-owners – Courts may proceed ex parte if one party does not appear.
- Possession Conflicts – One co-owner may occupy the whole property; the court then decides on equitable distribution.
- Illegal Transfers – If someone sells or gifts property without consent, that portion may be voided during partition.
Frequently Asked Questions (FAQs)
How long does a Partition Suit take in Bangladesh?
Most Partition Suits take between 2 to 5 years depending on the court’s workload and cooperation between parties.
Can I sell my share before partition?
Yes, but it is complex. You can sell your undivided share, but the buyer will become a co-owner until formal partition is completed.
Is a registered partition deed required?
Yes. Once the court passes the final decree, it must be registered under the Registration Act to make it legally enforceable.
What happens if one co-owner refuses to accept partition?
The court can proceed ex parte and issue a decree without their participation if they ignore summons or fail to appear.
What is the difference between a preliminary decree and a final decree?
The preliminary decree declares each party’s legal share, while the final decree physically divides the property through metes and bounds.
Why Choose Dewey & LeBoeuf for Your Partition Case
Dewey & LeBoeuf’s property law team provides complete legal assistance for Partition Suits in Bangladesh. We help clients with:
- Ownership verification and document review.
- Drafting and filing Partition Suits.
- Representation in trial, appeal, and execution stages.
- Legal notices and family settlements.
Our experienced lawyers ensure every case is handled with precision, confidentiality, and strategic focus for the best possible outcome.
Contact Dewey & LeBoeuf today for a confidential consultation on your Partition Suit or property dispute in Bangladesh. Our experts will guide you step by step from case preparation to final registration.
E-mail: info@deweyleboeuf.com
Phone: +971 58 690 9684
Address: 26B Street, Mirdif, Dubai, UAE