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Real Property Actions and Proceedings Law
Action for Partition
RPAPL 903: Necessary defendants

RPAPL 903
Necessary defendants

Each of the following persons shall be made a party to the action:

1.   Every person having an undivided share, in possession or otherwise, in the property, as tenant in fee, for  life,  by  the  curtesy  or for years;

2.   Every person entitled to the reversion, remainder or inheritance of an  undivided  share,  after  the  determination  of a particular estate therein;

3.   Every person who, by any contingency, is or may become entitled to a  beneficial  interest  in an undivided share in the property, provided that where a future estate or interest is limited in any contingency  to the  persons  who  shall compose a certain class upon the happening of a future event, it shall be sufficient to make parties to the  action  the persons  who would have been entitled to such estate or interest if such event had happened immediately before the commencement of the action;

4.   Every person having an inchoate right of dower  in  an  undivided share in the property;

5.   Every person having a right of dower in the property, or any part thereof, which has not been admeasured; and

6.   An executor or administrator, where letters  testamentary or of administration  have been issued on the estate of the decedent from whom the plaintiff's title to the real property is derived, and the action is brought within eighteen months after such letters were issued; or  where the  person  of  whose  estate  the  executor  or administrator has been appointed should, if living, be a party to the action. If no executor or administrator has been appointed for the estate of such a  person,  that fact must be stated in the complaint.


This section of the Real Property Actions and Law is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as RPAPL 903 are frequently amended, and no representation is made that the above version of RPA 903 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.

If you have any questions or comments, please feel free to contact Mr. Barics at lawyer@jdbar.com or (631) 864-2600. For more articles and information, please visit www.jdbar.com.

J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.