My father died in 2003 and my mother in 2007 without any will. We are 2 brothers and 3 sisters (all are married and well settled). My father had declared to relinquish his rights overs his ancestral property (which was very little) in favour of his his two younger brothers, though nothing was in writing. In fact, he himself divided the ancestral property between his brothers, in around 1990. My mother also supported his decision.
In 2009, I asked my elder brother for partition of the self acquired properties of my parents, to which he demanded for major share and I refused. Since the matter could not be settled by our family elders, I filed a partition suit and asked for my fair share from the self acquired properties of my parents. In my petition, I also mentioned the fact about my father's declaration of relinquishment of his rights over his ancestral property. My elder brother in his reply denied the relinquishment and is asking that my father's share of his ancestral property should be included in the hotch pot before partition. His aim is to complicate the matter and delay the proceedings. My sisters are supporting me and my views over the matter.
Is it possible to ask for partition of self acquired properties only and exclude the ancestral property (or force my elder brother to file a separate petition, if he is so interested in it)? Are there any legal precedent or acts to help me?
