These are practical issues.
You can file the suit in any place where at least one of the properties is located .
If there are properties in Thane then you can file the suit in Thane also by including all the properties in that suit.
Determining the appropriate court for filing a partition suit for properties in Bihar
(A) Patna, Bihar Property: My grandfather purchased a property in Patna and passed away intestate. After his death, it was transferred to my father’s name. Prior to selling it in 2020, a Family Arrangement was created in Jan 2020, signed (but not registered) by my father’s HUF members, to define the distribution of the sale proceeds (50% to father+me, and 50% to my late brother’s family+my mother). (B) Bharwari Ancestral Property: After sale of the Patna property, my father, with the oral consent of family members, prepared a written plan in July 2021 while residing in Thane, Maharashtra, for the division of certain ancestral (Khatiani) properties in Bharwari Village, Sitamarhi, Bihar. The plan specified an equal distribution of the properties between the two sons' families, with a small portion to a village attendant. Subsequently, my father executed a sale deed in Aug 2023 in favor of the said person. (C) In 2024, my father, when critically ill, explicitly instructed me (have call records) that the sale proceeds of Bharwari property should be equally distributed between me and my late brother’s family. After my father fully recovered, my mother engaged in a dispute with me. (D) She, despite my legal notice, coerced my father into selling the Bharwari properties. She has refused to provide me with any share of the proceeds on false claims. (E) My mother also forced my father to sell the ancestral properties in Timha Village, Sitamarhi, Bihar. These properties were only be sold after both my father’s and mother’s deaths, with the proceeds to be equally distributed between me and my late brother’s family (oral agreements). (Note: Between 2007-14, my father sold ancestral properties with equal share between two sons. Have Proof.) (F) Available Options: (F.1) File in the Sitamarhi, Bihar court under two schedules:(A) Village Bharwari properties, to be claimed according to my father’s 2021 written plan. (B) Village Timha properties, to be claimed under oral agreement / historical precedent or the Succession Act as court deems appropriate. (F.2) File in Patna, Bihar court, where () I can present the 2020 family arrangement for the Patna property as the first partition document (referred to by the lawyer as a “declaratory suit for partition”), and () subsequently, submit my father’s 2021 plan for Village Bharwari, Sitamarhi as the second partition document, requesting the court to enforce it for the Village Bharwari properties. () For the Village Timha properties, court to decide based on the oral arrangement or the Succession Act. My question: I have been thinking of Option F.1 but now, I am inclined to prefer Option F.2 because Patna court may be less influenced by local stakeholders in Bharwari and Timha villages. Please advise if Option F.2 is legally sound. (Note:The lawyer said that if I can prove that the proceeds from Patna property were used to buy Thane property, I could even file similar plaint in Thane court instead of Patna.)
Asked 10 months ago in Property Law
Religion: Hindu
13 Answers
- Mother forced father to sell ancestral property at Bharwari.
- Iimha property sold after death of father subsequent to 2024.
- You want to reclaim above said sold properties.
- If a property is purchased after sale of above ancestral property in Thane from the proceeds of sale of ancestral properties suit can filed in Thane for all properties anywhere in India with Section 17 petition. Such suit can be filed at any one place where a part of property is situated in any district of any State.
You can file suit in Patna court for claiming your share in sale proceeds based on memorandum of family arrangement
2) contact a local lawyer
It will be city civil court of your jurisdiction in which the said property is situated
Dear Client,
Since your dispute involves multiple properties across Bihar and concerns partition, oral agreements, family arrangements, and succession rights, Option F.2 (filing in Patna, Bihar court) is legally sound based on the following legal principles and procedural considerations:
1. Why Option F.2 (Patna Court) Is Legally Sound?
(A) Jurisdiction of the Court in Patna
The Patna Property & 2020 Family Arrangement:
Since the Patna property was sold in 2020, its family arrangement can be used as a precedent to establish a pattern of distribution within the family.
The Patna property was a source of sale proceeds, which were meant to be distributed per family agreement.
A declaratory partition action in Patna, invoking this precedent, would assistin bolstering your claim to the Bharwari and Timha properties.
Link Between Patna Proceeds & Bharwari Properties (2021 Plan)
If you can establish that the sale proceeds from the Patna property were used to manage or invest in Bharwari properties, it strengthens the Patna court’s jurisdiction over the matter.
Your father's 2021 written plan issupposed to be identified as a legally enforceable agreement despite itsfailure to get registered.
Courts in Bihar recognize family arrangements, and an oral consent-based plan is admissible evidence if corroborated by past precedents.
Less Local Influence in Patna
Filing in Sitamarhi (Bharwari/Timha) courts could mean local pressures and undue influence by village stakeholders.
Patna High Court exercises controllingjurisdiction over Sitamarhi courts, andhence, filing in a superior judicial center like Patna reduces risks of partiality.
(B) Patna Court Can Decide Village Timha Property Based on Succession Act
Since the Timha properties were to be sold only after your parents’ passing, any sale by your father under coercion can be challenged.
The oral agreement for equal division between two sons' families can be upheld if:
You show past precedents (like 2007-2014 property sales).
Establish coercion by your mother in selling the property.
The Hindu Succession Act, 1956, allows equal division of ancestral property among heirs, which supports your claim.
2. Lawyer’s Suggestion: Thane Court as an Alternative?
If you prove that the proceeds from the Patna property were used to buy property in Thane, you may file in Thane court under:
Section 16 of the Code of Civil Procedure (CPC) (suits relating to property must be instituted where the property is located).
Doctrine of Cause of Action (in case a major portion of the dispute originated in Thane).
However, proving direct investment from Patna proceeds into Thane property might be difficult unless bank records or direct evidence exist.
Filing in Patna is legally stronger because:
The source of family arrangement (Patna property) is in Bihar.
The ancestral properties (Bharwari & Timha) are in Bihar.
Bihar courts have territorial jurisdiction over land disputes in Bihar.
3. Recommended Legal Strategy
File Partition Suit in Patna Court, alleging the following claims:
Declaratory Partition Suit for Bharwari & Timha properties.
Enforcement of the 2021 Written Plan for Bharwari.
Invalidity of coercive sales in Timha & enforcement of oral agreement.
Use the 2020 Family Arrangement as Strong Precedent.
It shows prior family agreement practices and gives credibility to your father’s 2021 plan for Bharwari properties.
Argue Coercion by Your Mother in Selling Properties.
Use call recordings, legal notices, and past sale transactions as proof. File a Caveat Against Any Further Sale by Your Mother. This prevents her fromselling additional properties without notice to you.
Thank you all learned counsels for your valuable replies. Yes, my Patna lawyer suggested to file declaratory suit (if I recall correctly, section 34) in Patna court for Patna HUF property (sold and concluded in 2020), and then follow with partition suit (section 17) in Patna court even though Ancestral properties located in other district (Sitamarhi), and are being sold by other HUF members without my consent. He explained that we have to establish a connection between Patna court and other district property, through first partition documents, same HUF members, and legal history tied to the same HUF members. Any more comment or suggestions would be appreciated and helpful. Thank you.
Asked 10 months ago
case for partition can be filed in the court where property is situated. If property is situated within jurisdiction of different courts then case can be filed in either court.
You should act as per your lawyer advice
he has advised you correctly
Best of luck
The suggestions made by your lawyer seems to be proper in the given circumstances hence you may proceed as suggested by your lawyer.
It is trite law that if there are several suit property and all the properties are scattered at different places then you have to file a single suit in any of the places where any of the suit properties are situated .
Therefore, you can choose any of the places that you have mentioned where properties at different places can very well added and filed.
- The suit of Declaration and Partition will be filed in the jurisdiction where the property is located
Your preference for Option F.2—filing in the Patna court—is legally sound, given the following considerations:
1. Legality of Filing in Patna Court
- Your Patna property sale and family arrangement (2020) provide a strong documentary foundation to establish a pattern of division within the same HUF.
- The HUF members and legal history of the properties in Bharwari and Timha are linked to the Patna property, making a case for jurisdiction under Section 34 of the Specific Relief Act (for declaratory relief) and Section 17 of the Partition Act (for partition).
- The Patna court may be less influenced by local pressures in Sitamarhi compared to Sitamarhi courts.
2. Strategy for Filing in Patna Court
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First Step (Declaratory Suit - Section 34): Establishing that the Patna property family arrangement (2020) was a valid partition among the HUF members. -
Second Step (Partition Suit - Section 17): Once the declaratory suit confirms past partitions, you can request the Patna court to recognize the same principles for Bharwari and Timha ancestral properties. -
Linking the Patna Suit to Bharwari & Timha: The lawyer's argument is correct—since the same HUF membersare involved in all properties, the Patna court can assume jurisdiction.
3. Alternative Jurisdictions: Thane Court Possibility
- If you can prove that the Patna property sale proceeds were used to purchase the Thane property, you might bring a suit in Thane. However:
- This would depend on documentary evidence (bank transfers, property records).
- It may be challenged on jurisdictional grounds, as most of the disputed properties are in Bihar.
4. Urgency & Preventing Further Sales
- If your mother and other HUF members are actively selling properties, you should seek:
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Injunction (Stay) Orders in Patna court to prevent further sales. -
Notice of Lis Pendens under Section 52 of the Transfer of Property Act to inform buyers that the property is under dispute.
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Conclusion
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Option F.2 (Patna Court) is a stronger and more legally sound choice because:- It is based on prior legal history and documentary evidence.
- It allows you to connect multiple properties under one HUF legal framework.
- The Patna court has a stronger jurisdictional basis than Sitamarhi.
However, if there is a direct financial link between Patna property sale proceeds and Thane property purchase, filing in Thane court may also be considered.
Would you like assistance in drafting the declaratory suit or partition suit?
