How does one seek partition of property ?

Sanjiv Malhotra (Querist) 03 June 2013 This query is : Resolved
My wife through inheritance from her late mother is heir/owner to 16.66 % of the suit flat. ( her mother was 50% owner and died intestate, leaving her 50 % equally divided between her surviving husband, son and daughter ( my wife). My father in law has through a gift deed gifted his 66.66 % share to his daughter. The father and son are not on talking terms since the last 2 years. The FIL stays with us i.e : his daughter and me ( son-in-law). The son occupies the fathers flat as he also holds 16.66% share by virtue of his mothers share. What can be done legally to seek partition,recovery, sale etc whatever ? kindly advise under relevant sections... thank you very much

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Rajeev Kumar (Expert) 03 June 2013
Your wife should file a partition suit making her brother as defendent. She can also sell her 66.66% share including her father 50% absolute share which was gifted to her.