How can we dismiss a partition suit against my father?

I have a partition suit pending in the lower court of West Bengal against my father. The suit was filed by my uncle and his son, regarding a property gifted to my father by my grandmother. The partition suit also includes other properties, which may or may not be legally partitionable. I have the original registered gift deed, tax receipt, and mutation record in my father's name. However, I do not have the original deed or any documents for the other properties included in the suit. How can I get this suit dismissed or at least have my father excluded from it?

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Advocate By LEAD INDIA Answered: 28 Apr 2025

Sir in your case you have to exclude your father from the suit, present the registered gift deed, tax receipts, and mutation records as proof of his ownership. Request the court to exclude the gifted property from the partition. For other properties, gather relevant documents or seek an injunction. Please note, this is a legal process and may take time. For further legal assistance, contact us on our helpline number. 

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