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

Detailed Legal Analysis

To file a partition suit for your share in ancestral property in Vadodara, you need to follow specific legal procedures as outlined under the Indian Succession Act, 1925 and the Code of Civil Procedure, 1908.

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

• Determine Your Legal Standing: Ensure that you have a legal right to the ancestral property. Under Hindu law, all coparceners have an equal right to ancestral property (under Section 6 of the Hindu Succession Act, 1956).
• Gather Evidence: Collect all relevant documents that establish your relationship to the property, such as:
• Title deeds
• Will (if any)
• Property records
• Any previous agreements regarding the property
• Send a Legal Notice: Before filing the suit, it is advisable to send a legal notice to your brother, requesting your share. This notice can also serve as evidence of your claim in court.
• Consult a Lawyer: Engage a lawyer who specializes in property law to assist you with the legal processes and drafting necessary documents.
• File the Partition Suit: Prepare the plaint (the written statement of your case) and file it in the civil court having jurisdiction over the area where the property is located. Include the following details:
• Your relationship with the property
• Details of the property
• Your share in the property
• Reasons for the partition
• Pay Court Fees: Calculate and pay the requisite court fees as per the Court Fees Act, 1870. The amount depends on the value of the property in question.
• Attend Court Hearings: Be prepared to present your case in court. Your lawyer will help you navigate through the hearings, presenting evidence and arguments to support your claim.
• Final Decree: If the court is satisfied with your claim, it will pass a decree for partition, which will legally divide the property among the co-owners based on their respective shares.

Remember that the partition suit should ideally be filed within 12 years of the last partition or transfer of the property to avoid any legal complications under Article 58 of the Limitation Act, 1963.