Ancestral property case legal uery

Querist : Anonymous (Querist) 29 September 2020 This query is : Resolved
Hello Respected Advocates,

My maternal grandfather has some ancestral land in Haryana, and he is living.
In 2015, My mother filed a suit for declaration and injunction for the ancestral property in Haryana. The suit got dismissed in 2018, on the ground that " mere suit for declaration without possession is not maintainable".
Then my mother didn't appeal.

Yesterday, we met a lawyer, he said " that declaration case is not maintainable, you should have filed a partition suit directly" and he is saying to again file a case for partition in the lower court.

Is there anything in Law, that in ancestral property cases first declaration case has to be won then partition suit has to be filed?

Dear Experts, can you please guide me, is it correct?
How Is it possible to revive the case now?

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Quick Summary

A user is seeking advice regarding ancestral property in Haryana. Their mother's previous suit for declaration and injunction concerning ancestral land was dismissed because it lacked a claim for possession. A lawyer suggested filing a partition suit directly. The user wants to know if a declaration suit is a mandatory precursor to a partition suit for ancestral property and how to proceed.

SHIRISH PAWAR, 7738990900 (Expert) 29 September 2020
Hello,

You can directly file partition suit in civil court. If you doubt about advocate's opinion then you can take second opinion. Show all property papers and judgement to local advocate and consult with him.

Rajendra K Goyal (Expert) 29 September 2020
Repeated query, replied at:

https://www.lawyersclubindia.com/experts/married-daughter-right-in-ancestral-land-722116.asp

If not satisfied with the replies, please discuss with local lawyer.

Dr J C Vashista (Expert) 30 September 2020
Mr./Ms Anonymous,
Whether repetition of same story shall change response already obliged by experts, except the fact that the same is absurd and ridiculous ?
If you are dissatisfied with obligation of experts on this platform you should have preferred to consult a local prudent lawyer with relevant documents for better appreciation of facts/ records, professional guidance and necessary proceeding.

Hemant Agarwal (Expert) 30 September 2020
1. "IF" the property is "ancestral property" (atleast four generation old, in the revenue records), THEN "Partition Suit" can be filed to stake claim on such proven ancestral property.

2. LASTLY, aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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