Prabodh Kumar Acharya  11 February 2019
Sir, Whether in a Partition Suit, is there any legal compulsion to make necessary parties to some co-sharers, whose whereabouts are not known and they have never come to the village for over 50 years to claim any of their property rights or mesne profits. I am also sure that they will never come to the court if the partition suit is filed. There is also no chance that they will be able to know regarding the partition suit to be filed after a short period of time. The co-sharers who are present and available, they will be made necessary parties, but those who are not present and whose addresses can not be collected after due diligence, those will not be made as necessary parties.
So, I am in doubt, that, is there any legal impediment to file a partition suit by ignoring those co-sharers whose whereabouts and addresses are not known and they have no claim to their property rights for over 50 to 60 years. Is there any judgment of The Supreme Court or any of the High Courts.Please, enlighten me regarding this issue.
The Partition suit should give the details of all of the share holders and as thier name might be refelcted in the rvenue doucments ; a co charere can not claim ownership by prescripttion over other co sharer. However in suit suit you can make the statement that the other co sharers mentioned in the documents or else have never shown up or claimed any share from previous 60 years. You should mention everything in the suit and make all the co sharers as parties,that will give you a proper title, otherwise in future the other co sharers can bother you or your heirs.
