One of my friend lost her father recently. She is a divorcee and lives separately and has one married younger brother. The brother was staying with the father. The mother expired 12 years back. My friends father has not made any will so the property left by the father will be equally divided among the daughter and son. They have decided to fight it out in court rather than amicably resolving the partition due to some family differences. My Question is: My friend is only aware of a single property her father owns but recently she came to know from few of the relatives that her father has other properties which my friend is not aware of but her brother seems to know. How can she legally get information on all the assets her father owns so she can claim equal share?
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1. Your friend can file a suit for partition to get her due share.
2. In the partition she is required to mention the proprieties in respect of which she is claiming share half share.
3. If any propety is left out the same would not be partitioned.'
Hence it is advisable that she files suit for partition after getting all the information.
Thanks for the quick response. So basically she can only claim equal share of the property she is aware her father owns even though her father might have other properties? Her brother by default will get the other properties since he know about them?
Yes, if she can show such proprieties in the suit for partition, the court can not give an decision on the left put properties.
However later on she can claim her share later on once she comes to know about existence of such properties.
Do pray for leave of court under Order 2 Rule 2 of CPC when she files partition suit on the available properties.
1) she should before filing partition suit obtain details of all properties standing in name of her deceased father . take the help of relatives .
2) if brother is refusing to give her share in properties she should file suit for partition .
3) if she comes to know about existence of other properties later she can can claim her share then . obtain leave of court under order 2 rule 2 of CPC
1. Your friend has equal share on all the properties of her father for which she can file partition suit in connection with the known properties,
2. Before that detective agency can be engaged to find out the details of the property of her father,
3. While filing partitrion suit for the known property she should also pray for leave u/o 2 rure 2 to file partition suit for any other property later on on coming to know about it.
Let your friend file a partition suit for the property of her father, she is aware now and try to obtain the details of other properties her father might have owned .through friends, relatives and others..Let her be assured that in the event of her brother trying to sell the other properties, depriving his sister, he will not succeed because your friend's signature for sale of the other property is absolutely essential.
Thanks everybody for your timely advice. Frankly I never expected any response. One last question: For filing partition suit, what documents are required e.g. does she require the sale deed, khata or EC of the property? Currently she only has the postal address of the property and some photographs but doesn't have access to any other documents related to the property. Is this enough to file a partition suit? Again thanks a lot for your responses.
1. No document is required if the title of your father in the property is not disputed.
2. For suit of partition deed or khata is not to be submitted if again your brother does not dispute title.
On the basis of address of property the suit can be filed. On the progress of suit , the further action can be advised.
One need not have the property documents of the disputed property. The location of the property, area and full postal address is enough.
1) it is sufficient if she knows details of the properties concerned .
2) it is not necessary to enclose sale deed or khata of the property .
3) i presume your brother does not dispute that your father was absolute owner of the property .
4) thanks for your appreciation
Thanks.