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Ancestral property

(Querist) 02 August 2015 This query is : Resolved 
1. My client has filed a suit for partition and cancellation of sale deed. suit filed in the year 2008


but in the suit all the coparcenary members of ancestral property were not made parties. only the father of plaintiff was made party in plaint (D1) and the person purchased the property was also made party in plaint (D2).




2. suit schedule property 4 acres is ancestral property (Hindu law)




3. Property being ancestral without consent and knowledge of plaintiff the father of plaintiff sold 1 acre to D2




4. In the year 2013 chief examination affidavit filed by plaintiff, plaintiff stated total ancestral property is 20 acres and his father was been gifted 4 acres by way of registered gift deed and also stated partitioned has taken place among his father and 4uncles.




5. Actually no partition has took place till now in meters and boundaries.




6. plaintiff was misguided, in the year 2013. To state as partition has taken place among his father and 4uncles.




7. In the year 2014 again chief examination affidavit was filed by the plaintiff, here plaintiff stated his father illegally married xyz without giving divorce to her legal wife (plaintiff mother), filed by attesting related proofs,

In 2014 plaintiff also stated by making fraud his uncles,his father and his grandfather, not to give ancestral share,

grand father executed illegal gift deed (without knowledge and consent of plaintiff) in favor of plaintiff father and plaintiff 4uncles.





8. In Hindu law at the time of partition all family members must be partitioned equally as per their share.





9. Grand father of plaintiff has expired in the year 2015 january.

Grand mother of plaintiff has expired in the year 2009 may.




10. now i want to file fresh suit in the same court and want to include, because, this all things to be put in front of the court, so that all the facts which ever is missing can be known.

a) 20acres property as suite schedule property

b) ancestral house as suite schedule property

c) add all coparcenary members as party in the plaint

d) father of plaintiff married illegally without giving divorce to her first wife and also attesting criminal case filed details.

e) grandfather of plaintiff has expired in the year January 2015

f) Ancestral property related documentary evidence from 1975

g)in prayer, Cancel all gift deeds executed by grandfather in favor of his sons.

h)in prayer, cancel sale deed executed by plaintiff father

i) in prayer , till now no partition has been taken place among coparcenary members.




my doubt is

A) after filing the new suit in the same court, can i request the court to club both the cases, because this is related with same property

B) actually speaking ancestral property is not partitioned among coparcenary members but in the year 2013 my client has stated partitioned took palace among his father and 4uncles , how do i cover this in the new plaint so that limitation period not to be counted.


c) If i go for amendment of the main plaint, filed in the year 2008, body of the plaint will change, if body of the plaint changes will court give the permission?
Chanchal Nag Chowdhury (Expert) 02 August 2015
File an application for withdrawal of the suit with liberty to file a fresh suit on the same cause of action u/o 23 Rule 1(3) CPC.
R.K Nanda (Expert) 02 August 2015
query too long.
Rajendra K Goyal (Expert) 02 August 2015
Consult local senior lawyer and show him full case file and discuss in detail.


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