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

Detailed Legal Analysis

To file a partition suit for your share in ancestral property in Ujjain, you need to follow several steps under the provisions of the Indian Partition Act, 1893, and relevant sections of the Code of Civil Procedure, 1908.

• Understand Ancestral Property: Ancestral property is property inherited from a common ancestor, where all legal heirs have equal rights. Ensure that the property in question qualifies as ancestral under Hindu law.
• Gather Evidence: Collect documents proving your relationship to the ancestor and your entitlement to the property. This includes:
  • Title deeds
  • Family tree
  • Previous property tax receipts
• Send a Legal Notice: Before filing a suit, send a legal notice to your brother requesting your share. This notice should clearly state your claim and the basis for it.
• Draft the Suit: Prepare a plaint (the legal document that initiates a lawsuit) which should include:
  • The name of the parties involved
  • Description of the property
  • Your relationship to the property
  • Your claim for partition
  • Details of any previous discussions or notices sent
• File the Suit: Approach the Civil Court in Ujjain where the property is located and file your partition suit. You will need to submit:
  • Filed plaint
  • Affidavit
  • Case information statement
  • Filing fee (as prescribed by the court)
• Attend Court Hearings: Be present at all hearings and provide any additional evidence or documentation the court may require.
• Decree for Partition: If the court finds merit in your claim, it will issue a decree for partition, determining your rightful share in the property.

Relevant Laws:

• Indian Partition Act, 1893
• Code of Civil Procedure, 1908 (Sections 2, 27, 34, and 35 are particularly relevant)
• Hindu Succession Act, 1956 (applies to Hindu ancestral property)

Consider consulting with a lawyer who specializes in property disputes to navigate the legal process effectively.