Deekshit Kumar (private) 07 October 2021

Partition suit by sisters over brother

Sirs,

Two sisters willing to file suit for partition of 2 Houses, whose rents, taxes, power bill are looked after by their one and only brother.

Brother not willing to share rents of those houses.

Properties were bought by father, who expired in the year 2015; mother expired in the year 2011.

Can 2 sisters go for partition suit without bothering about current tenants details.?

Please guide how to move further.

Thank you

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6 Replies

Advocate Bhartesh goyal (advocate) 07 October 2021

Yes, daughters have right to get equal shares as sons in their parents property .Sisters can claim their shares from their brother and file suit for partition.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired)) 07 October 2021

The two sisters have equal rights along with their brother. So brother shall give rent to sisters.

G.L.N. Prasad (Retired employee.) 08 October 2021

The brother is collecting rents and maintaining the property as trustee for himself and for all other co-sharers. The children of all deceased have equal shares in all undivided properties.

P. Venu (Advocate) 08 October 2021

Yes, a partition suit ould be filed. But what is the constraint in incropating the particulars of the tenants and claiming mesne profits?

Deekshit Kumar (private) 10 December 2021

unable to obtain the tenant details?

G.L.N. Prasad (Retired employee.) 10 December 2021

Even without naming the tenant, mesne profits can be claimed as court may decide to appoint Commissioner in preliminary decree for dividing in metes and bounds and for arriving at the mesne profits on inquiring into rents.