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

Detailed Legal Analysis

To file a partition suit for your share in ancestral property in Aurangabad, you need to follow specific legal procedures under the Indian legal framework, particularly the Partition Act, 1893.

Here are the steps and requirements to initiate a partition suit:

• Understanding Ancestral Property: Ancestral property refers to property inherited from one's ancestors, typically three generations back. Under Hindu law, all coparceners (i.e., sons, grandsons, and great-grandsons) have equal rights to ancestral property.
• Gather Evidence: Collect documents that prove your relationship to the property, such as:
• Title deeds
• Family tree
• Any wills or legal documents concerning the property
• Consult a Lawyer: It is advisable to consult with a lawyer who specializes in property disputes. They can help you understand your rights and the nuances of your case.
• Drafting the Plaint: Your lawyer will help you draft a plaint, which is a legal document stating your case. The plaint should include:
• The names of all parties involved
• A description of the property
• Your claim to the property
• Specific prayers for partition and division of the property
• Filing the Suit: The partition suit must be filed in the appropriate civil court in Aurangabad. The relevant provisions are found under:
• Section 2 of the Partition Act, 1893, which allows any person entitled to a share in the property to seek a partition.
• Code of Civil Procedure, 1908, which governs the procedure for filing civil suits.
• Service of Summons: After filing, the court will issue a summons to your brother and any other parties involved, requiring them to respond to your suit.
• Attend Court Hearings: Be prepared to attend court hearings and present your case. The court may appoint a local commissioner to assess the property and suggest a division.
• Final Decree: If successful, the court will pass a final decree for partition, which will legally divide the property among all parties.

By following these steps and understanding your rights under the relevant laws, you can effectively file a partition suit to claim your rightful share of ancestral property.