Partition–Suit for–It is necessary for the Court to examine, in the first instance, the nature and character of the properties in suit such as who was the original owner of the suit property, how and by which source, he/she acquired such property, whether it was his/her self acquired property or ancestral property, or joint property, or coparencery property in his/her hand and if so who are/were the coparencer or joint owners with him/her as the case may be–Secondly, how the devolution of his/her interest in the property took place consequent upon his/her death on surviving members of the family and in what proportion, whether he/she died intestate or left behind any testamentary succession in favour of any family member or outsider to inherit his/her share in properties and if so, its effect–Thirdly, whether the properties in the suit are capable of being partitioned effectively and all co-sharerers, coparcencers, co-owners or joint owners, as the case may be are made parties to the suit.
