IBC Code: Complete Overview and Drafting Workshop. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NAGARAJ (CS)     31 March 2023

suit for partition against my 3 brothers and a sister

I mrs x have 3 brothers and 3 sisters ..total it should be divided as total 7 shares including me..we have ancestral property of 3 acres land ..
I want to file partition suit against my brothers but one of my sister not joining us and come forward to file sit and seek partition..1 acre land out of 3 acres was already alienated in the year of 2004 by my brothers without informing us..

now can file partition suit against my brothers and one sister made as defendants in a suit...?
can I seek partition as 3/7 shares ?
or 4/7 ?.


 6 Replies

Advocate Bhartesh goyal (advocate)     31 March 2023

You need to file suit for partition against your all brothers and sisters and have right to claim 3/7 share in land.

1 Like

Dr J C Vashista (Advocate)     31 March 2023

I concur with the advise of learned expert Sh. Bhartesh Goyal.

It is advisable to consult and engage a local prudent lawyer with relevant records for appreciation of facts, professional advise and necessary proceeding, if any problem / issue / dispute existed with you, which is prima facie a hypothetical exercise..

T. Kalaiselvan, Advocate (Advocate)     31 March 2023

Since you siblings are seven in number and you are entitled to one share if divided equally, you can file the partition suit on your own if other female siblings are not willing to join you as plaintiffs.

You can arraign all the other siblings as defendants, and implead them accordingly in the proposed partition suit.

In that case you can file the suit for partition and for allotment of your rightful 1/7th share in the property with separate possession. 

You can include even the properties that have been sold or alienated without your consent or permission earlier.

NAGARAJ (CS)     31 March 2023

tq very much for ur valuable reply sir..tq all

kavksatyanarayana (subregistrar/supdt.(retired))     31 March 2023

Yes.  I agree with the advice of the above learned experts.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 March 2023

You can go for filing of partition suit in civil courts. A partition suit is filed when the co-owners do not agree to the partition mutually. A partition deed is a document created for dividing the property between the owners, as per the agreeable terms.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query