Can I file partition suit
Ours is a Hindu family. My grandfather use to run a business. He purchased some properties
out of the money earned from business (his own income). He died in 1959. He has three sons
(say A, B and C) who are all married. Till 1963 the three sons lived as joint family.
In 1963 the three brothers made partition of their father's property. At this time all three
sons also have one son each (say son A1 born to A , B1 to B, C1 to C). The grand father's
property was divided between A, B and C. However in the partition deed the grandsons names
were also included. A and his minor son A1 jointly got few houses and some cash. B and his
minor son B1 jointly got few houses and some cash. C and his minor son C1 jointly got few
houses and some cash.
C has later given birth to two more sons (C2 and C3) and two daughters. C was also employed
and use to get some salary. C bought few plots in 1964 and 1965.All these plots are on his
name. As his salary was very meager probably he purchased the plots out of the cash received on
partition. On one plot he built a house where we are currently staying. Except for this house C
disposed of all the plots. Long time back he disposed of few plots for daughters marriage. In
the year 2000 he disposed of few plots and gave money to C2 who is doing business. Also in
2006 C gifted one prime plot (valuing Rs 3 crores on those days) to C2. C2 disposed of this
plot in 2007.C1 and C3 are in employment.
Can you please clarify the following:
1. Is the relation between C and C1 a joint hindu family (in the partition document both C and
C1 received properties jointly)?
2. As far as the grandson C1 is concerned what is the nature of the property which C and C1
received on partition? Is this ancestral property?
3. What is the nature of the plots purchased by C in 1964 and 1965 (assuming C bought from
the cash received on partition)? Can they be called as ancestral property?
4. Can C3 file a suit on C and C2 asking to pay 1/4 value of the plot gifted by C to C2?
5. Can C3 file a suit on his father C for partition of the house? The plot is bought by C in
1964 probably out of the money received on partition in 1963). The house was constructed in
1970. To construct this house C sold one of the properties he received on partition in 1963.
Thanks in Advance.