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

Detailed Legal Analysis

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

Here are the steps to initiate a partition suit:

• Understand Your Rights: Under Section 6 of the Hindu Succession Act, 1956, any member of a joint family has an equal right to the ancestral property. Ensure you have a legitimate claim to your share.
• Gather Documentation: Collect all necessary documents that establish your relationship to the property, including:
• Title deeds of the ancestral property.
• Records proving your lineage, such as birth certificates or family trees.
• Any previous agreements or documents related to the property.
• Send a Legal Notice: Before filing a suit, it’s advisable to send a legal notice to your brother requesting the partition of the property. This can sometimes lead to an amicable resolution.
• Draft the Partition Suit: If the matter remains unresolved, you can draft a suit for partition. The suit should include:
• Your details and those of your brother.
• A description of the property, including its area, location, and boundaries.
• Your claim to the property and the share you seek.
• Any relevant facts about the property and its history.
• File the Suit: File the partition suit in the appropriate civil court in Patna. The jurisdiction will typically depend on the value of the property.
• Pay Court Fees: Ensure you pay the requisite court fees as per the Indian Stamp Act, 1899, and the specific rules applicable in Bihar.
• Attend Court Hearings: After filing, attend all court hearings. Be prepared to present your case, including evidence and witness testimonies if applicable.
• Final Order: The court will pass a decree for partition, either by dividing the property physically or by ordering its sale and distribution of proceeds if physical division is not feasible.

It's advisable to consult with a legal professional specialized in property law to assist you throughout this process, ensuring that your rights are adequately protected under Indian law.