What must happen for a partition suit to be filed in a joint tenancy?

In the context of a partition suit in a joint tenancy, it is essential to understand the nature of joint tenancy and the rights of the owners involved. A partition suit allows joint owners of property to seek a court order to divide the property or force the sale of the property when they cannot agree on its use or disposition.

In joint tenancy, all co-owners have equal rights to the property, and importantly, the right of survivorship plays a critical role. This means that when one joint tenant dies, their interest automatically passes to the surviving joint tenants. Because of this right, joint tenants cannot unilaterally force a partition; there must be an agreement among all parties involved. If there is no agreement or if the surviving owner does not wish to partition the property, a partition suit cannot proceed, thus emphasizing that the option to file is limited by the nature of joint tenancy.

Therefore, it is accurate to state that there is effectively no right to file a partition suit independently in this context because the agreement of all current owners is required. If even one member of the joint tenancy disagrees, it can complicate or prevent the partition suit from being filed.