My brother is not giving me my share in ancestral property in Jodhpur how to file partition suit

Detailed Legal Analysis

To file a partition suit for your share in ancestral property in Jodhpur, you need to follow a systematic legal process under the Indian laws governing property rights, primarily the Hindu Succession Act, 1956, and the Code of Civil Procedure, 1908.

Here are the steps and considerations for filing a partition suit:

• Determine Your Rights: Under the Hindu Succession Act, 1956, you have a right to claim your share in ancestral property as a coparcener. The essential sections to consider are:
  • Section 6: Provides for the rights of sons, daughters, and other heirs to claim partition.
  • Section 8: Discusses the succession of property in case of intestacy.
• Gather Documentation: Collect all relevant documents that establish your relationship to the property, including:
  • Title deeds
  • Records of previous ownership
  • Any will or testamentary documents
  • Family tree or genealogy chart
• Engage a Lawyer: It is advisable to consult with a lawyer who specializes in property disputes to assist you in drafting the necessary legal documents and representing you in court.
• File a Suit: You will need to file a plaint in the appropriate civil court in Jodhpur. The plaint should include:
  • Your details and the details of the defendants (your brother).
  • A clear statement of the facts regarding the property and your claim.
  • A request for partition, specifying your share.
• Pay Court Fees: Ensure to pay the requisite court fees as per the Court Fees Act, 1870, which is based on the value of the property.
• Serve Notice: Once the suit is filed, a notice will be served to your brother and any other co-owners to inform them about the proceedings.
• Attend Court Hearings: You will need to attend hearings and present your evidence. The court will evaluate the claims and may appoint a local commissioner to partition the property.

It is essential to act promptly as there may be limitations regarding the time frame to file a suit. According to the Limitation Act, 1963, a partition suit must be filed within 12 years from the date of dispossession or denial of your share.

By following these steps and adhering to the relevant laws, you can pursue your claim for a rightful share in the ancestral property effectively.