Partial partition suit

When you were aware that there is "some" intestate ancestral property in Kerala also, what action did you / your lawyer take to include it in the suit for partition ? However, you may request your lawyer to move an amendment of the suit to include subject property in the on-going suit.

What is the opinion and advise of the lawyer engaged by you for filing and proceeding in the suit for partition ?

Thank you Sir.

At the time of filing the case, we just mentioned in the Plaint that we have some properties across Kerala and we will produce them as and when available to us. The fact is I awas sure I may not be able to go and collect the documents.  First of language is the major issue. Secondly, it is not affordable to go and collect them for me.  Also "Partial Partition"  never came in our discussion with lawyer then. Our father and brothers also got their Partition in the Court they did it separately one in Karnataka and other in Kerala. It all started in 1950s.  Mather died in 1977 and mother in 2001.  we never thought of partition because mother didn't like it the,.  Also the eldest one is unmarried and hence it is not necessary for us to deivide. Hence in good faith we kept on giving him GPAs.  But later, for the reason unknown to us, he has a nexus with the youngest and started mortgaging, selling proprtiees etc.. in Karnataka,  We are not aware what exatly he was doing inKerala. I know this stoties may not stand in the Court.

The reaction from my lawyer is that, we will request the court to direct D2(eldest) to file details.  I am yet to meet him again soon.  I was not aware ot the seriousness of Partrial Partition issue.

Yesterday I happen to meet another lawyer  and i was talking to him. He was suggesting, better to withdraw the case. Otherwise if the judge Dismissed the case, we(me and my children) may not be able claim again.  I am yet to discuss  this with mu lawyer also. 

If so, can I withdraw only the partition claim in the case, because we have requested in the case some of the Sale be declared null& void etc...

Thank you again for your precious time.

You consulted another lawyer, but did you withdraw the services of the first lawyer?  You may request your first lawyer to withdraw the case filed.  After the withdrawal of the case, you may change the lawyer legally and then engage another senior lawyer to proceed with the properties in two states.

You do not have to withdraw the case, it is not a correct advise.

 If you only know of the existence of other properties but lack details, you can ask the court to direct the defendants to disclose all joint properties.

A suit for partial partition is generally not maintainable. The law requires that all joint family properties be included in one "hotchpot" to ensure a fair and comprehensive partition.

A partial partition may be allowed if the excluded properties are not in the possession of the co-sharers (e.g., possessed by a stranger/mortgagee) or sSituated in different jurisdictions (e.g., another state/district) or incapable of immediate division.

You have a valid reason to state that the other properties are located in a different state for which the details are not available with you.

You can concinue with your present advocate itself if he is conducting the case properly as per proper provisions of law. 

Don't withdraw the case, you can continue it and get partitioned the properties partly. 

Apex  Court and various High Courts held that partial partition of joint family.or properties are maintainable under Hindu Law Also partial partition is permissible when properties are situated in different jurisdiction or when some properties are partitioned while retaining others as joint.

Besides above you have

 already mentioned in plaint that some properties are also partiionable situated in Kerala but you do not have their documents, it never means that partition has happened. 

Very well analysed and opined by learned senior experts, which I agree and appreciate.

Courts generally prefer all properties to be included in one suit to avoid multiple proceedings and to preserve family unity . However, they also recognize that in certain cases, partial partition may be justified, especially when properties are geographically separated or when some properties are not capable of partition in kind. 

Rajagopal & Others VS Narayanasamy & Another - 2009 0 Supreme(Mad) 3650.

You have the option to file another IA seeking directions to the defendants to make available the particulars of the properties that have been, allegedly, not included in the suit.

Thank you All for your very very valuable time and advices.  Next date of the case (Mar 5),  we are readying to put an IA  in the court to direct the D2, he the eldest brother.to provide the detail of the properties.  He had taken ( we had signed) registered GPAs  for the few properties in Karnataka and some properties from Kerala from each brothers separately.

I never had a plan to change my lawyer.  Was thinking to have another lawyer for one other Defendant ( we are taotally seven brothers).

Your advices helped me a  lot to reduce my tension and to have a very fruitful discussions with my lawyer.  THANK YOU ALL.

Welcome for your understanding and thanks for your appreciations.