Partition of land in co-op society


My father had a plot in a co-operative society the sale deed for which was registered in a printed format (not on stamp paper) in the office of District Sub-Registrar. He had built a house over the plot according to a plan approved by the competent authority. I was told that there is a nomination filed in the office of co-operative society by my father in favour of my brother. There is no will for the property.

After the death of my father, the co-operative society issued a declaration transferring the property in the name of my brother who incidentally possesses all the pertaining documents of the plot and house and refuses to provide even the photocopy of the same. He has even applied for holding transfer in his name.

Do all legal heirs of my father not have the right on the said property? Can a partition suit be filed even without the copy of the sale deed of the plot or the holding certificate? Please help me to find a way out.

 
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You can file a partition suit without the original copy of the sale deed.  You can always obtain a certified copy of the registered sale deed from the registrar office.  In the plaint it can be mentioned the originals are held by the defendant (your brother), it is accepted.  Consult your lawyer,he will be able to guide your further.

 
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