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 3 days ago in Property Law
Religion: Hindu
12 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
Your legal matter is quite intricate, involving multiple transactions, family arrangements (both oral and written), and property rights across different locations. Based on the details you have provided, Option F.2—filing in Patna—appears to be a legally sound and strategically advantageous choice, particularly considering jurisdictional concerns and potential local influences in Sitamarhi.
Key Legal Considerations for Option F.2 (Patna Court):
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Jurisdiction & Strength of Patna Court:
- Since the Patna property was the first to undergo a family arrangement (even if unregistered), it can serve as the foundational partition document in a declaratory suit.
- Patna High Court has broader territorial jurisdiction, and a trial court in Patna might be less influenced by local stakeholders in Bharwari and Timha villages.
- The 2020 family arrangement, though unregistered, can still hold evidentiary value under Indian law if properly substantiated with supporting evidence (signatures, financial transactions, witness testimony, etc.).
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Strength of Your Claim for Bharwari & Timha Properties:
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For Bharwari Properties:- Your father’s 2021 written plan serves as a testamentary document even if not legally binding as a will.
- Precedent: Your father previously followed equal division (2007-2014 transactions), strengthening your claim that this was the family's consistent understanding regarding ancestral properties.
- Your father’s verbal instructions in 2024 (backed by call records) further solidify your position that the Bharwari proceeds should be equally divided.
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For Timha Properties:- The oral agreement is harder to enforce, but you can argue that:
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Historical practice (2007-2014 sales) supports equal division. -
Oral agreement + Precedent + Equity (fairness in division) should be considered by the court under Section 8 of the Hindu Succession Act (if classified as ancestral property). - Any undue influence or coercion by your mother can be challenged under fraud/misrepresentation provisions of the Indian Contract Act, 1872 and legal doctrines under the Transfer of Property Act, 1882 (if sale was forced).
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- The oral agreement is harder to enforce, but you can argue that:
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Strategic Advantage of Presenting Thane Property Link:
- If you can prove that proceeds from Patna property were used to acquire Thane property, you could explore filing in Thane court, expanding your legal options and potentially bringing the matter under Maharashtra’s legal framework.
Final Recommendation: Proceed with Option F.2 (Patna Court), but Keep Thane Court as a Backup Strategy
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Step 1: File a Declaratory Suit for Partition in Patna, establishing the 2020 Family Arrangement as the first partition document. -
Step 2: Use the 2021 Bharwari Plan as the second partition document, requesting the court to enforce it. -
Step 3: For Timha properties, argue based on historical precedent and succession law, seeking an injunction if needed. -
Step 4 (If Strong Thane Link is Proven): Consider filing in Thane court, particularly if the Patna property’s proceeds were invested in Thane assets.
Next Steps: Let’s Draft the Suit Professionally & Strategically
Given the complexity and the need for a well-drafted plaint, I can assist in:
- Structuring the legal arguments effectively.
- Strengthening the evidence submission strategy.
- Preparing an injunction application (if necessary).
This will ensure your case is presented with the highest level of legal precision and strategic advantage. Let me know when we can proceed with drafting—I am ready to assist you.
Contact/WhatsApp No - Nine Five Nine Two Five Zero Zero Zero Six Eight
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 3 days 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
