Clarification on partition of ancestral property

665 votes

Once you are asking partition, you must include all the properties, its the problem of petitioner if she haven't added some properties. All the parties who have partitioned properties previously must be included, if she hasn't included, they themselves can include by way of implead petition if required. if few properties mentioned in petition are not related to you, you should go for counter claim or mention the same in your Written Statement. Yes, partition suit is valid even if few properties are included.

Advocate M Krishna Chaitanya LawRato

907 votes

My Father and his brothers did not do any partition of properties and me and my brothers did partition but not registered. Now my step mother daughter filed partition suit on all the properties which are not partitioned from my great grand father. However she did not give notice to all our cousin bothers and their families. All the properties were not listed in the suit. She is asking partition to us. Does she need to issue notice to all parties or only to her immediate legal heirs? All registered deeds of lands will be on joint name of my father as well as his brothers. They were not given any summons or added as defendants. They were not defenses to the case. Is it legally valid to show only few properties for partition suit? Is it maintainable in court?it is not maintainable in the court, she must make party your father and his brothers also and disclose all the properties for partition

Advocate Ranjith Reddy Kukunoor LawRato

785 votes

Dear Sir/Madam, It is quite interesting and complicated matter. It is stated that your step mother daughter already filed the suit for partition. Then the matter is pending as Sub judice, It is not advisable to give opinions in the matters which are pending in court of law since probably, you might have already engaged an Advocate to file Written statement of your defense with all available points under law. However, legal notice has to be issued all co-parceners and entire properties to be included in the suit, lest, suit is bad for non-joinder of necessary parties and also suit is not maintainable for partial partition. Hope you had contacted an Advocate for legal advice and got filed written statement, if not, you can approach Advocate for filing written statement on your behalf.

Advocate Peddireddi Kalyan Rao LawRato