Legal Question in Real Estate Law in India
In joint family one of a co sharer enjoy the Income from property himself and not submit proper
accounts .The property is in my mothers name and who is alive and not able to question him being the
old age.
As a co sharer Can I file a petition for administration only in court without filing the suit for partition?
3 Answers from Attorneys
if property is in mothers name and she is alive, where is the question of cosharers?
If the act or omission of one of the co-share is a cause of action for accounts/administration and partition and you opt to file a suit for accounts/administration, then you may not be able to file a suit for partition later in view of Order 2 Rule 2 CPC.
If the property is in your mothers name then what is the legal status of your brother with regard to the property. Has your mother given him any POA ? Please clarify.
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