Dear All,
I request my friends here to help me out with a query.
An agricultural land is situated in Delhi but it is not being used for agricultural purposes. The said land was owned by my client's grand father and after the death of grandfather, the property devolved upon to his father and his two uncles.
Father of my client is still alive and my client is having two more brother i.e. 3 in total.
My clients wishes to seek partition ( The family is hindu).
Now as I understand, Hindu succession Act, does not include Grandson as class I legal heir and hence I do not have any right under Hindu Succession Act.
I have come across certain judgments of Delhi High Court that partition is permissible even during the lifetime of my client's father. I have also come across some judgments of Delhi High Court stating that partition of non-cultivable/non-agricultural land situated in Lal Dora is permissible in Civil Court.
(i) My query is whether the suit for partition filed by my client against his father, who is alive, and brothers will be maintainable in civil court as Delhi Land Reform Act, provides for procedure for partition of agricultural land? If yes, then some authorities on the same will be highly appriciated.
(ii) Whether the nature of property will be self accquired ancestral property i.e. personal property of my clients father, as the property was divided among my clients father and uncles, or I can treat the property as joint Hindu property and seek partition through a simple partition suit.
(iii) In the event the property is self accquired ancestral property i.e. personal property of my client's father, then what is the remedy available.
An early response will be highly appriciated.
Thanks
