Section 220: Lawsuit to be filed by setting out inventory of property

1) If a coparcener is desirous of getting separated by setting aside his or her partition share, he or she shall file a lawsuit, specifying therein the date of separation of bread and board from the other coparceners and setting out an inventory of such property and debts and assets held in his or her name and that of the other coparceners, to the best of his or her knowledge, as is liable to partition.

Explanation: For the purposes of this Section, the term “date of separation of bread and board” means the following date or day:

(a) The date mentioned in the deed of separation of bread and board,

(b) If there is no deed of separation of bread and board, the date as agreed between the coparceners on the separation of bread and board,

(c) If no agreement is reached between the coparceners pursuant to clause (b), the day immediately before the day of filing a lawsuit,

(d) Except as otherwise agreed upon, in the case of a married daughter, the day of her marriage.

2) If the deed of separation of bread and board is executed between any coparceners only, such a deed shall come into force only on the date of its registration.

3) If the person filing a lawsuit pursuant to sub-section (1) is unable to submit the inventory of property, he or she shall also specify the reason therefor.

4) If a lawsuit is filed pursuant to sub-section (1), the concerned person also shall submit a statement of defence, together with a statement whether the plaintiff is to be provided with a partition share or not and if he or she agrees to provide a partition share, together with an inventory of the property held in his or her name and the debts and assets.