what document req to put a suit

mala (Querist) 24 February 2009 This query is : Resolved
I want to file property partition suit against my brothers, all the documents are with my brothers, in what way i can apply to the court.

what is geneological tree ? how to proow that?

Pls advise

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ARVIND JAIN (Expert) 24 February 2009
YOU FILE THE SUIT SHOWING YR POSSESSION IN PART OF THE PROPERTY AND FAMILY TREE. WHO WILL DISPUTE IF RIGHT?

PALNITKAR V.V. (Expert) 24 February 2009
You can get the property extracts from the revenue department and the municipal authorities. Give the family tree in the plaint. That can be proved by examining some elderly family member. You have to prove that the property is joint family property. Proof of possession is not necessary in a suit for partition. What should be proved is your interest and right in the joint property. Learned Experts may throw some light on this aspect especially on the point of possession.

sanjeev murthy desai (Expert) 24 February 2009
Yes as stated by Mr. Palnitkar, possession is not required to file a partition suit.

M. PIRAVI PERUMAL (Expert) 24 February 2009
I agree with Mr. Palnitkar.

Jithendra.H.J (Expert) 24 February 2009
even though the possession of the joint family property by one co sharer is on behalf of other co-owners,

some times possession plays very important role in the partition suit, if the co-sharer is not in a posession for a period for more than 12 years, not enjoying the profits, in that situation, the person in actual possession can set up adverse possession against the co-sharer!!!!!!!!!!!!

And Mala,
you have not stated what all the documents your brother is possessing.

the documents required to be produced in the partition suit are those which are sufficient enough to prove that the proeprties are ancestral and joint family properties.

ARVIND JAIN (Expert) 25 February 2009
Yes possession is not required to file a partition suit.But if not in possession you have to pay the court fees.