Law

Partition of property becomes very common in India in a household spirit between family members or co-owners of joint property. It arises when there is a need to divide joint property shares into distinct indivisible shares. Partitioning property enables each co-owner to his or her rightful share, leaving a partition suit when there is no other way to reach an agreement on it. Let’s take a closer look at how partition can be achieved in the different ways in India, the laws on partition, and how one can file a suit for partition in a step-by-step manner. What is Partition?In other words, partition means dividing a property into distinct separate portions, shares, or lots. This sharing can be done voluntarily or by intervention of law. When more than one person or organization has a fraction of the ownership in that property and a necessity arises to share that property into several independent shares, then this is called partition of property.Modes of Partition in IndiaBasically, in India, partition could take place in three major ways:Partition Deed A partition deed is an amicable arrangement arrived at between co-owners to divide the property. This method of partition is the most preferred, as it involves mutual consent. The partition deed is to be executed on a stamp paper and registered with the sub-registrar’s office. Once registered, it becomes a legally binding document, ensuring that all the parties adhere to the terms of division. The process, being voluntary, is quicker and avoids the complications of litigation.Family Settlement An agreement of family settlement pertaining to partition is similar to the agreement of partition but does not require registration or stamping. It is simply an understanding between family members with respect to the mutual division of the property. Although it is not legally required, it is highly advised to have all family members sign the document. This is often used to avoid disputes and amicably settle amongst the family.Partition Suit When co-owners cannot mutually agree to the division of the property, one or more of them may file a suit for the partition within the walls of the court. This legal process aims at having the court divvy up the property according to the shares entitled to each party. This is a lengthy and costly process; however, where all other methods of partition fail, resorting to a partition suit is the only option left.Partition Laws in IndiaThe partitioning of property in India may be put under many laws. Among these, the most important ones are:Hindu Succession Act, 1956 In regard to the partition of the Hindu joint family property. It lays down the rights of co-owners and gives the manner of partition of property in a Hindu Undivided Family.Hindu Partition Act, 1892 Provides for the partition of the properties, which are owned by joint owners, and for the definition of rights and duties of co-owners during partition.Other Useful Statutes Other statutes may apply in instances in which properties are the subject of partition and are owned by non-Hindus or are properties that fall under other personal laws, such as the Indian Succession Act, of 1925.Who can File a Partition Suit?In India, there are no restrictions relating to who may institute a partition suit. Any co-owner of the property is able to file for partition. This joint tenant may have either a vested or contingent interest in that property. There is no necessity that all or even the majority of such successors be parties in the suit in the case of many successors. When disagreements arise concerning the distribution of properties, one or more of the concerned co-owners can initiate a partition action.What Are the Required Documents for a Partition Suit?For initiating a partition suit, the following documents are to be gathered:Certified Copies of Property Documents: These may be sale deeds, title deeds, or any document establishing ownership.Death Certificates: If the property owners are deceased, obtain the relevant death certificates of the deceased persons from the municipal authorities.Market Value Certificate: A certificate obtained from the sub-registrar’s office regarding the property’s market value.Step-by-Step Process of Filing a Partition SuitFiling a partition suit consists of a detailed legal process. Below mentioned are the major steps involved;Filing the Suit/Plaint A partition suit starts with the filing of a plaint (a formal written complaint) before court. This plaint has its formalities that are to be followed as per the instructions by the court and carry things like name of the court, parties to the suit, brief nature of the complaint, and an affidavit affirming the truthfulness of the averments.Power of Attorney/Vakalatnama The plaintiff must give a vakalatnama or power of attorney so that the lawyer can represent him in the courts. Without it, the lawyer is unable to act on behalf of the client.Payment of Court Fees The plaintiff will pay the court fees according to the law in his state; it will be different in every state and with the value attached to each property. The court fee is essential for moving that suit to proceed.Hearing of Argument The court will thereafter bear hearing upon phil filing plaint and court fees. The court will then issue a notice to the other party to appear in court if, during such hearing, merit of the case is found evident.Filing Written Statement After notice serves to the other side, she shall file written statement, being a reply to the plaint, within thirty days, extending the same to ninety days as may be granted by the court.Replication The written statement filed by the opposite party is responded to by the plaintiff, which is termed as replication. This stage helps in clearing the issues as well as rejection of the claims made by the defendant.Framing of Issues They are specific points that must be determined before the case can continue in court in the form of issues framed by the court. These issues are the foundation for the case.Witnesses and Examination Both sides shall bring their witnesses and evidence. The witnesses will then be tested

The patents are an integral part of the intellectual property (IP) law which provides protection to the inventors’ exclusive rights over their creations. The concept of patent rights may appear simple, but to this day, there are countless people who ask, “What can be patented?” “How does one go about patenting rights?” and “Are there any specific principles regulating patents in India?” This article therefore attempts to address some of these questions, elucidating the development of patents and their importance and the legal framework governing these in India. What is Patent?In simple terminology, a patent is a legal right bestowed upon an inventor of the new product, process, or technological solution. This entitles the inventor to an exclusive right of the use, production, and distribution for the said invention. A patent is a kind of innovation that provides a solution to a technical problem or improves a process in some way. To be patentable, the invention must conform to certain requirements of novelty, inventiveness, and industrial applicability.For invention to be patentable, it needs to satisfy the following conditions:Novelty states that the invention has to be new, meaning that such an invention was never disclosed before.Inventive Step refers that the invention ought to have an inventive step that is not obvious for someone skilled in the relevant technical field.Workable means that the invention should be capable of being put to practical use in the industry.What is a patent? It is a grant of a monopoly for a limited period of time for one or more of the following: Products; Processes; and Technical solutions. However, there also lies some exceptions. Some things are not patentable in India. They are:Inventions contrary to the laws of nature or against public policy.The mere discovery of new property or use of existing substances.Processes of agriculture or horticulture.Certain medical treatments such as surgical or therapeutic.This is meant to protect the interests of society so that patents be not granted for ideas which are already in the public domain or for inventions that can prove harmful.Importance of Patent LawPatent law has a great role to play in the innovation landscape by holding the right of inventors. It gives boon to investors for research and development through assuring that investors can get monopoly on their own innovations by a limited period. This is typically 20 years, and thus it enables inventors to enjoy economic gain possible from their innovation, thereby encouraging innovation and progress for the future in technology and industry.The Indian Patent System has witnessed tremendous changes from ancient times to today. Indian Patent Law is governed mainly by The Patents Act, 1970, but grants under British legislation were made for 14 years. With the Patents Act of 1970, a modern framework was created in India, with the introduction of product patents for food, drugs, and chemicals, amended in 2005.Patent, Copyright, and Trademark: The DifferenceOne often confuses patents with copyrights and trademarks, which in fact might differ in meaning, intention, and field.Patents protect technology or inventions.Copyright protects original creative works: music, art, literature, and software code.Trademarks protect logos, symbols, or brand names carried by goods or services of a certain enterprise.While patents drive technical progress, copyrights protect the artistic creators’ rights, and trademarks protect their brand identity.Why does Patent Law Matter?Patent law does serve an important concern over the progress of technology and industry. Exclusive rights “by grant” gives inventors an incentive to invest time and money in finding creative, new solutions. At the same time, it prevents hard-earned efforts from going to waste by ensuring that inventors receive some sort of reward for their innovations while encouraging other inventors to make advancements in technology-revenues go up for the economy as a whole in terms of technology.Also, patent law provides the space to use or copy inventions without the concerns to assure fair competition for businesses and people. The very emerging interest in intellectual property rights (including patents) has made it very easy for an innovator to secure and commercialize his innovations in India.The Indian Patent Act, 1970The Indian Patent Act, 1970, further brought sweeping changes to the intellectual property scenario in India. Patent was initially made available for a period of 14 years. However, the Patent Act of 1970 brought a modernized system and further amended it in the year 2005 to extend the patent term to 20 years irrespective of the field for all substance. The Amendment also facilitated product patenting in such previously prohibited sectors as pharmaceuticals, chemicals, and biotechnology.Patent applications may currently be filed by an individual, a corporate entity, or even the government, thereby promoting innovation in all senses. The Patents Act provides for pre-grant and post-grant opposition for challenging patents during either stage i.e. before grant and after grant of the patent.After How Many Years Is the Patent Valid in India?The term of a patent in India is generally for 20 years from the date of filing. After this period, the invention enters the public domain, and any person can make, use or sell the invention without infringing on the patent rights. To keep a patent in force, the patent holder is required to pay an annual fee for renewal of the patent. If the renewal fee is not paid, the patent will lapse.Eligibility for Patent Registration in IndiaIn India, the applicants are required to file an application with the Indian Patent Office. The applicants can either be citizen of India or a foreign citizen, company or government. The application must specify in detail the scope of the invention and disclose the best method of performing the invention.Some basic points for patent filing are:Inventor identity: There are no barriers to application; the application may only be made by the true inventor or by the inventor’s assignee.Complete specifications: The application should contain a complete explanation of the invention and claims with respect to the legal protection wanted.Patenting ProcedureThe procedure for filing a patent in India requires different stages to be pursued starting from checking whether the invention is patentable or not to