Partition disputes between co-owners are common in Indian civil law. However, the legal treatment of such disputes in Chandigarh differs significantly from other cities due to its unique status as a heritage city governed by stringent planning norms. The Supreme Court has recently reaffirmed that partition by metes and bounds (physical division) is not permissible in Chandigarh, significantly shaping how courts handle co-ownership disputes.

This article provides a detailed overview of the legal framework, recent judicial pronouncements, and the remedies available to co-owners seeking partition of property in Chandigarh.

Supreme Court's Legal Stand on Partition in Chandigarh

The Supreme Court has delivered two important decisions clarifying the legal position on the partition of immovable property in Chandigarh.

1. Resident's Welfare Association & Anr. v. Union Territory of Chandigarh & Ors.
   • Key Observations:
     • The Court ruled that converting single dwelling units into multiple apartments in Phase-I of Chandigarh is illegal.
     • It upheld Rule 14 of the Chandigarh (Sale of Sites and Building) Rules, 1960, which prohibits sub-division and fragmentation.
     • The Court emphasized the need to preserve the low-density layout and architectural heritage of Chandigarh as originally designed by Le Corbusier.
   • Verdict: The Supreme Court held that any modification that violates these rules is unlawful and directed strict enforcement by the authorities.
      
2. Rajinder Kaur v. Gurbhajan Kaur
   • Key Observations:
     • The Court reiterated that properties in Chandigarh cannot be partitioned physically due to planning restrictions.
     • Co-owners have the right to an equal share in the income or usage of the property, but physical division is prohibited.
     • If one co-owner receives income (e.g., rent), they are obligated to share it proportionally.
   • Verdict: The Supreme Court set aside the High Court's decision and upheld a public auction of the property as the only viable method for partition, with sale proceeds to be distributed among the co-owners.

Governing Laws and Rules

1. Chandigarh (Sale of Sites and Building) Rules, 1960
   • Rule 14 prohibits the sub-division or fragmentation of plots.
   • These rules apply to both residential and commercial properties, reinforcing Chandigarh's planning norms.
2. Chandigarh Building Rules, 2017
   • Rule 16 forbids the conversion of single units into apartments in Phase-I.
   • The rule aims to protect the city's architectural identity and uniformity.
3. Repealed Apartment Rules, 2001
   • Earlier rules allowing apartmentalization were repealed to prevent vertical or piecemeal development inconsistent with Chandigarh's urban design principles.

Legal Remedy: Partition by Sale, Not Metes and Bounds

Given the Supreme Court's decisions and Chandigarh's planning laws, physical partition of jointly owned property is not legally permitted. The only permissible legal remedy is a partition by sale, typically through a court-supervised public auction.

Legal Process:

1. Verify Co-Ownership: Confirm title documents and share percentage of each co-owner.
2. Classify Property: Residential properties in Phase-I and most commercial properties cannot be divided.
3. File Civil Suit for Partition: Petition the court for sale of the property and distribution of proceeds.
   • If one co-owner has derived income from the property, also seek rendition of accounts.
4. Request for Interim Relief:
   • Seek injunctions against unauthorized use or exclusive possession.
   • Apply for appointment of a court receiver if required.
5. Execution of Final Decree: Court orders the sale of the property via auction. Sale proceeds are distributed as per co-owners' shares.

Practical Implications

• Co-owners cannot claim exclusive ownership of a portion of the property or make structural alterations.
• Oral or informal arrangements between co-owners do not confer legal rights over any specific section of the property.
• The law favors monetization and distribution rather than division, to preserve Chandigarh's master plan.

Conclusion
The partition of property in Chandigarh is now governed by strict planning and building regulations that prohibit physical division. The Supreme Court has clearly ruled that the only legally valid solution is partition by sale. This ensures adherence to the city's master plan and prevents unauthorized structural changes.