My grand father got one house property .and a agriculture land through gift deed from his aunt and one house property also purchased as self aquired property prior to 1970.and my grand father asking his elder brother for his share in joint family oroperties and filed a partition suit in 2007 for demanding the ancestral joint family property.....now my grand father brother legal heirs/defendants wanted to add my grandfather aunt gifted property.alongwith his selfaquired house property in to 2019 by amending the written statement thogh the partition suit pending since 13 yrs
1.whether the defendant contention is survive?
2.whether my grandfather aunt properties comes under the ambit of joint family properties..?
3. whether the above said properties are self aquired properties or not ?
The defendant in a civil action cannot go beyond, through the written statement or counter claim, the subject matter of the suit property. It all they have claim over the property gifted to your grandfather, a separate civil suit need to be filed.
