A partition suit of a joint property will only be legally binding only if it has the written consent of all parties concerned, says the Supreme Court (SC).
While adjucating an appeal in the in Prashant Sahu and others versus Charulata Sahu and others, the apex court said that consent of only some co-owners is not enough to give partitions suits a legal status.
Order XXIII Rule 3 of the Code of Civil Procedure, 1908, rules that the consent and signature of all co-owners are necessary for any lawful agreement or compromise when a claim has been adjusted partially or entirely