Partition on ancestral land

kunhi marakkar (Querist) 20 September 2026 This query is : Resolved
After our father's death, we filed a partition suit in court to divide the property. Before the judgment was pronounced, our mother, who was one of the legal heirs, passed away. Now, the judgment for dividing the said property has been issued. While dividing this property, is it necessary to file a separate partition suit again to partition our deceased mother's share of the property?"

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Following a father's death, a partition suit was filed for ancestral land. Before a judgment, the mother, a legal heir, also passed away. The court has now issued a judgment. The question is whether a new partition suit is required to divide the deceased mother's share of the property. The advice given is to file the death certificate and a petition to include the mother's share in the existing suit, rather than starting a new one.

kavksatyanarayana (Expert) 20 September 2026
You should file the copy of the death certificate in the court through your advocate and at the same time file a petition the mother share also be included in the partition suit.

P. Venu (Expert) 21 September 2026
Is it the preliminary decree or the final decree?

What is the Case No.? Which court?

Dr. J C Vashista (Expert) 22 September 2026
Your lawyer shall file an amended memo of parties after deleting the name of your mother on the basis of death certificate with an application u/o XXII Rule 3 or 4 CPC (if she was impleaded as plaintiff or defendant in the suit) and substituting her LRs.

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