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SUIT FOR PARTITION

(Querist) 15 June 2008 This query is : Resolved 
Hi all,
My friend hand his brother has got one property i.e g+1floor in the name of thier deceased father who died intestate in the year 2006,the father of my friend has got this property through succession and inheritance from his fatheri.e(grand father of my friend) and got mutated his name in property tax assessments, electricity department, and also in water department.The property is more than 100 years old. the age of my friends father at the time of his death was 65 only, from the above it can be understood that the property is not self acquired property of my friends father since the age of the building is more than 100 years old. My friends father out of his wed lock was blessed with two daughters and three sons, and during his life time he performed marriages of two daughers. out of two daughters one daughter and one sone expired during his life time leaving behind thier respective sons and daughers.Now my friend and his younger brother and one sister is surviving.
Now my friend wants the said property to be partitioned equally among all legal heirs of his father, and when damanded by him his brother denied the same and informed him that his father left the property exlusively to use and enjoy the same in his favor, but there is no evidence.
Now my question is
1. whether the said property is ancestral property or joint family property?
2. who are the necessry parties to the partition suit?
3 In How many parts the said proerty can be divisible?
4. To what share my friend is entitled for partition and separate possession?
5.How the couts Jurisdiction can be invoked in such kind of suits?
6 Is it necessary to issue notice demanding partition?
Note: My friends mother pre decesed her husband.
amit gupta_lawyer (Expert) 15 June 2008
on the basis of facts produce by u its clear thats its a ancestral property and still to clear this fact that ur friend father had an exclusive tittle on it it or not and it depend upon the legal heirs chain and how this property devolve upon ur friend grandfather and whether ur friend father was the sole legal heir of ur friend grand father.
and if that so then all yours friend siblings including legal heirs of deceased siblings would be necessary parties.
Gururja Rao (Querist) 15 June 2008
Thank u amit ji,
I am here again to clarify that my friends grand father had got only one son and i.e my friends father. Now clarify me basing on the other facts to what share my friend is entitled for partition and kindly exlain me the mode of division among all legal heirs including the decesed siblings.
with thanks again.


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