Partition suit: does listing 40x60 as 120x120 amount to different property?

You check the schedule of property from the registered documents to the one written in the plaint schedule of property.

Your post is devoid of details hence without perusing the relevant papers no concrete opinion can be rendered.

Show the documents to your lawyer or some other local prudent lawyer for appreciation of facts, however, nothing can be presumed and inferred from the facts posted.

I postied the qiestion after verifying the documents: 

The plaint lists iproperty as 120x120 while the registered sale deed shows 40x60. 

As I have mentioned a few advocates have said that such a large difference will be treated as  different properties. So the actual property identified in sale deed will not be part of the suit which lists a property 6 times larger.

The discrepancy between the property dimensions in the plaint (120x120) and the registered sale deed (40x60) could indeed raise questions about the identity of the properties. If the properties don't match, it might lead to complications in the partition suit. Here are some possible implications: -

 *Different Properties*: If the properties are deemed different due to the significant size difference, the property listed in the sale deed might not be part of the suit. -

 *Amendment of Plaint*: You might need to amend the plaint to accurately describe the property, which could involve revising the dimensions or clarifying the property's boundaries. -

 *Evidence and Documentation*: To resolve this issue, you may need to provide additional evidence or documentation to support your claim, such as property surveys, title deeds, or other relevant documents. To move forward, consider the following steps:

- *Consult a Lawyer*: It's essential to consult with a lawyer who can assess the specific circumstances of your case and provide guidance on the best course of action. - 

*Gather Evidence*: Collect all relevant documents and evidence to support your claim, including property records, surveys, and title deeds. - 

*Court Proceedings*: Be prepared to address the discrepancy in court and argue your case based on the evidence and applicable laws. Some relevant laws and principles to consider are -

 *Section 17 of the Code of Civil Procedure, 1908*: Deals with suits for immovable property situated within the jurisdiction of different courts. -

*Partition Act, 1893*: Allows the court to direct the sale of property if partition is not possible without affecting its value. -

 *Hindu Succession Act, 1956*: Governs the partition of property among Hindus. Ultimately, the outcome will depend on the specific facts of your case, the evidence presented, and the court's interpretation of the laws.

- A significant mistake in property dimensions or boundaries in the schedule to a partition suit does not by itself render the plaint defective or the suit non-maintainable, unless it amounts to a claim for a different property or there is fraud/prejudice. 
- If the property can otherwise be clearly identified, and the error is bona fide, courts permit 
amendment (rectification) to serve justice and avoid multiplicity of litigation.

Its now 5 years since filing and the advocates have said the suit property cannot be altered now. Something about cause ofaction being set or something like that. There is no document supporting the 120x120 listed in the plaint.

Some have said itamounts to denying other parties share in actual property and hence is a form of fraud.

Other advocates have said it can be handled in evidence. But it seems risky to bet on that

You will be getting responses of every lawyer to be different and shall become confused.

Everyone (especially online social service) is trying to sell his / her concept.

The suit can be amended any time before settlement of issues, even during the course of evidence. 

If you are not satisfied with the advise / proceeding /conduct / acumen of your lawyer you should replace him / her immediately.

If you are located in Delhi and feel so, may contact me with relevant case file /documents, on appointment