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

Detailed Legal Analysis

To file a partition suit for your share in ancestral property in Purnia, you need to follow a specific legal process as outlined under the Hindu Succession Act, 1956 and the Code of Civil Procedure, 1908.

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

• Understand Your Rights: Under Section 6 of the Hindu Succession Act, 1956, you have the right to claim your share in the ancestral property. All coparceners are entitled to claim their share.
• Gather Documentation: Collect all relevant documents proving your relationship to the property, including:
  • Title deeds
  • Previous sale deeds
  • Will (if applicable)
  • Any other relevant legal documents
• Consult a Lawyer: It is advisable to seek legal assistance from a lawyer who specializes in property disputes to guide you through the process.
• File a Suit: Draft and file a plaint in the appropriate civil court in Purnia. The plaint should include:
  • Your name and details.
  • The names and details of all other parties involved (your brother).
  • A clear description of the property in question.
  • The specific relief sought (e.g., a decree for partition).
• Service of Summons: After filing the suit, the court will issue summons to your brother and other parties, requiring them to appear in court.
• Attend Court Hearings: Be present at all hearings and present your case with the help of your lawyer. The court may appoint a local commissioner to conduct a survey of the property.
• Final Decree: If the court is satisfied with the evidence and arguments presented, it will pass a decree for partition, determining the shares of all parties involved.

It is important to note that the partition suit must be filed in the civil court having jurisdiction over the area where the property is located. Additionally, if mediation or settlement is possible, it could save time and resources.

Refer to the Code of Civil Procedure, 1908 for procedural details, particularly Sections 26 (suit for partition) and 27 (partition of property). The Hindu Succession Act, 1956, specifically Sections 6 to 9, outlines the rights of coparceners regarding ancestral property.