Ancestral property right of daughter

Querist : Anonymous (Querist) 12 October 2020 This query is : Resolved
Hello,

I am a lady speaking from Rohtak, Haryana.
I want to file a case against my father for getting a share of ancestral Land.
My father has 10 Acres of ancestral land and he wants to give all land to my brother.
He doesn't believe in an equal distribution.
He is living as of now.

I met to a lawyer in the local court, he said " We will file a case for declaration and injunction and after winning the case then we will file a case for partition"

Dear lawyers, can you please clarify-

1. is he saying right that to get a share in ancestral property, the case for declaration is to be filed and then case for the partition to be filed?

2. can't we file a case for partition directly?

dear experts please clarify

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Quick Summary

A woman from Haryana is seeking to claim her share of ancestral land, which her father intends to give solely to her brother. She is questioning her lawyer's advice to file separate cases for declaration and injunction before a partition suit. Legal experts suggest that a partition suit can often be filed directly, provided the property meets the definition of ancestral land (inherited through four male lineages and undivided). They also advise against unnecessary litigation and recommend consulting a local lawyer to confirm the property's ancestral status and the best legal approach.

kavksatyanarayana (Expert) 12 October 2020
To my best, you can file a Partition suit directly in the court concerned.

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Advocate Bhartesh goyal (Expert) 13 October 2020
You need to file suit for partition and injunction only and don't file suit for declaration.

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SHIRISH PAWAR, 7738990900 (Expert) 13 October 2020
Hello,

You can directly file a partition suit in the civil court.

Rajendra K Goyal (Expert) 13 October 2020
Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period.

If the said property fulfills the requirements, discuss with local lawyer and file case for partition.

P. Venu (Expert) 13 October 2020
How is that the property ancestral? Anyhow, there is no cause of action for seeking an injunction. So also, there is no cause of action for filing the suit for partition unless it is certain that the property is ancestral. Else, it would be counterproductive.

The advice from the advocate, as stated, is less than professional. The law does not allow multiplicity of litigation.

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