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

Detailed Legal Analysis

To file a partition suit for your share in ancestral property in Amravati, you need to follow a specific legal process under Indian law, particularly under the provisions of the Code of Civil Procedure, 1908, and the Hindu Succession Act, 1956, if applicable.

Here are the steps you should follow to file a partition suit:

• Understand the Nature of Ancestral Property:
  • Ensure that the property in question is indeed classified as ancestral property, which is inherited from your ancestors and not self-acquired.
  • According to Section 6 of the Hindu Succession Act, 1956, all coparceners have equal rights over ancestral property.
• Gather Necessary Documents:
  • Collect relevant documents such as property title deeds, family tree, and any previous agreements or wills.
  • Ensure to have proof of your relationship with the property owners, such as birth certificates or other identification.
• Consult a Lawyer:
  • Engage a lawyer who specializes in property disputes to guide you through the legal process.
• Draft the Plaint:
  • Your lawyer will help you draft a plaint that includes:
  • Details of the property, the claim for partition, and the share you are entitled to.
  • Specify the grounds for your claim and any particulars about your brother's refusal to share the property.
• File the Suit:
  • File the partition suit in the appropriate civil court in Amravati, typically within the jurisdiction where the property is located.
  • Pay the requisite court fees as specified under the Court Fees Act, 1870.
• Serve Notice:
  • Serve a notice of the suit to your brother and any other co-owners of the property.
• Attend Court Hearings:
  • Be prepared to attend court hearings, where your lawyer will represent you and present evidence supporting your claim.
  • Follow through with any mediation or conciliation processes recommended by the court.
• Obtain a Decree:
  • If the court is satisfied with your claim, it will issue a decree for partition, which will officially divide the property.

It is important to note that under Section 35 of the Code of Civil Procedure, 1908, the court may also appoint a commissioner to partition the property physically if necessary. Therefore, ensure to follow these steps diligently to secure your rightful share in the ancestral property.