Yes, ancestral property can indeed be partitioned in Delhi even if one heir is untraceable, and Indian civil procedure provides specific mechanisms to ensure that the legitimate rights of other heirs to seek partition are not indefinitely held hostage simply because one family member cannot be located, while simultaneously preserving that untraceable heir's rightful share in a manner that protects their interests should they, or their legal representatives, come forward at a later date.

Where ancestral property is to be partitioned in Delhi and one heir is untraceable, the plaintiff seeking partition must still formally implead that heir as a party to the suit, since all co-owners with an interest in the property are necessary parties to a partition suit, but where the heir's whereabouts are genuinely unknown despite reasonable efforts to locate them, the plaintiff can apply to the court for permission to serve that party through substituted service under Order 5 Rule 20 of the Code of Civil Procedure, 1908, which allows the court to order service through publication in a newspaper having appropriate circulation in the area of the party's last known residence, or through affixation at the last known address, or any other manner the court considers appropriate given the specific circumstances, once the plaintiff demonstrates that ordinary means of service have genuinely failed.

Once substituted service has been validly effected in accordance with the court's order, and the untraceable heir still does not appear to contest or participate in the proceedings, the court can proceed to hear the suit ex-parte against that heir under the general provisions of the Code of Civil Procedure, 1908 governing ex-parte proceedings, and can pass a partition decree determining and allotting that heir's specific share along with the shares of the other co-owners, ensuring the litigation is not indefinitely stalled by one party's unavailability, while the decree itself typically directs that the untraceable heir's allotted share, or its value if the property is sold and proceeds are being divided, be kept in a manner that protects it, such as deposit in court or maintenance of clear records establishing that specific share pending the heir's eventual emergence or that of their legal representatives.

It is important for the plaintiff seeking partition to make genuinely diligent efforts to locate the missing heir before resorting to substituted service, since courts scrutinize applications for substituted service carefully to prevent misuse of this procedure to deliberately exclude an heir who could actually be located with reasonable effort, and such diligent efforts typically include inquiries with other family members, checking last known addresses, employers, or any other available contact information, and in some cases, engaging a private investigator or making inquiries through mutual acquaintances, with the court expecting a genuine, good-faith attempt to be demonstrated before substituted service is permitted.

Because navigating the procedural requirements for substituted service and ensuring a partition decree properly protects an untraceable heir's eventual rights requires careful legal drafting and strategy, professional legal guidance is essential in these situations, and the Top Property Lawyers in Delhi | Aapka Legal Advice regularly handle partition suits in Delhi involving untraceable co-heirs, ensuring both efficient progress of the litigation and proper protection of the absent heir's interests.

You can also reach out via Aapka Legal Advice to discuss how to proceed with partitioning ancestral property where one of your co-heirs cannot currently be located. Where there is suspicion that other family members are deliberately concealing an heir's whereabouts to manipulate the partition proceedings, the platform's panel of retired judges, alongside experienced criminal lawyers, can advise on the appropriate response to such conduct. In conclusion, ancestral property can indeed be partitioned in Delhi even where one heir is untraceable, through the proper use of substituted service under Order 5 Rule 20 of the Code of Civil Procedure, 1908, provided genuine diligent efforts to locate the missing heir are demonstrated and their eventual share is appropriately protected within the resulting decree.