N.Y. Real Property Actions & Proceedings Law Section 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.

Source: Section 903 — Necessary defendants, https://www.­nysenate.­gov/legislation/laws/RPA/903 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

901
By whom maintainable 903
Necessary defendants 904
Permissible defendants 905
Complaint 907
Trial of title or interest 911
Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown... 913
Inquiry as to creditors 915
Interlocutory judgment 916
Interlocutory judgment directing partial partition 917
Interlocutory judgment directing partition in common 918
Interlocutory judgment directing sale or exception of lien or dower interest 919
Interlocutory judgment directing credit on sale 921
Actual partition 922
Meeting of commissioners 923
Security for credit on sale 925
Report of sale 927
Contents of judgment after actual partition 928
Effect of judgment after actual partition 929
Lien of creditor upon share partitioned 931
Contents of judgment after sale 933
Effect of judgment after sale 941
Judgment as to parties having interest in entire property 943
Judgment directing compensation to equalize partition 945
Judgment adjusting rents and profits 947
Judgment affecting state tax claim 951
Recording of judgment 961
Disposition of proceeds of sale 962
Payment of proceeds into court where there are liens 963
Payment of proceeds out of court where there are liens 964
Payment of proceeds into court in cases involving decedent’s property 965
Payment of proceeds out of court in cases involving decedent’s property 966
Payment of proceeds directly to parties in cases involving decedent’s property 967
Payment of proceeds to owner of particular or future estate 968
Manner of payment of proceeds to owner of particular or future estate 969
Shares of infant, incompetent or conservatee 970
Shares of unknown or absent owner 971
Security for refund 973
Report of disposition of proceeds 981
Costs and expenses 991
Proceeding for share of unknown heirs 992
Judgment in proceeding for share of unknown heirs 993
Uniform partition of heirs property act
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 903’s source at nysenate​.gov

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