Partition suit

Ashish (Querist) 30 November 2015 This query is : Resolved
A is the karta of a family consisting of b(wife), C (son), D(son), E (Daughter). A has a lot of ancestral property and family business. A dies intestate. Later on B also dies. E gets married and has a son and daughter F & G respectively both of whom are majors. C has a son, H, who is a major.
E files the suit for partition pleading C & D as defendants. so my query is whether H is necessary party to the partition suit.

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kavksatyanarayana (Expert) 30 November 2015
Author, Yes. all the legal heirs have rights over an ancestral property as Karta died intestate.

Ashish (Querist) 30 November 2015
Sir, H's father (C) is still living. So is he is pleaded then is there a need to impead H also? If you what are you saying is correct then even F and G are also necessary parties? Also what to do if high court decided the case of partition without H being a party to the suit.