Partition suit

NAGARAJ (Querist) 03 September 2019 This query is : Resolved
Partition suit filed in the year of 2007 .plaintiff not added the house property in to the suit because defendant no.1 along with plaintiff given the said house property to contesting defendant no.2...in the year of 1980 itself....as a plaintiff now also we dont want that house........in future whether my partition suit is dissmissed for partial partition and it is not maintainable ?.
As a plaintiff shall I give interest on house property to Def no_2

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SHIRISH PAWAR, 7738990900 (Expert) 03 September 2019
Suit will be decided as per your petition. As per me exclusion of one of the property will not make it dismissed.

NAGARAJ (Querist) 03 September 2019
I didn't mention in the pleadings I.e 40 years back I gave house property to contesting Defendant which is not included in the present partition suit schedule.....
Shall I voluntarily tell that in the witness box?

NAGARAJ (Querist) 04 September 2019
Shall I amend the plaint and add the house property into the schedule....and additional para stating that plaintiff and defendant no 1 voluntarily given the house property to the 2nd defendant

NAGARAJ (Querist) 04 September 2019
I am not intended to claim over the house property

P. Venu (Expert) 04 September 2019
You have not posted the complete facts.

NAGARAJ (Querist) 06 September 2019
I have instituted Suit for partition meet and bounds in the year of 2007...till date the dwelling house not added in the schedule and also I didn't say anything in the pleadings....now plaintiff died his Lr intended to leave the house property to the contesting defendant 1....shall I mentioned in the chief examination that I have give up consented/ claim over the dwelling house infavr of defendant no1....or I should amend the plaint to add d hpuse property into the suit schedule

Dr J C Vashista (Expert) 06 September 2019
All properties are required to be included in a suit for partition.
It is advisable to consult a local prudent lawyer with relevant records for appreciation of facts, guidance and proceeding.