daughter's right in self acquired property of father
03-Aug-2023 (In Family Law)
We live in delhi.My wife wants to file Partition suit at Rajasthan where her father and her brothers lives.. Her father expired in Aug 16 leaving behind several self acquired properties held by him either singly or jointly with her sons/brother/wife and several business interests in form of partnership firms having business in several cities of rajasthan. Other legal heirs tell her he had nothing in his name . Shall she file a suit declaring name of Partnership firms in which he was partner and ask them to furnish his last income tax statement,wealth tax statements , bank details etc. Is this permissible under Order XI and XII of cpc. How should she proceed ? Or she should ascertain details of properties from registrar of properties of different cities of rajasthan. Kindly advise me how shall i proceed . If i miss any property or if i come to know about later ,, i think it should be able to claim after coming it to my notice,.
Hi. In the narrow conspectus of facts shared by you, it appears that the remedies available to your wife is two fold in nature. First, being a suit for partition in respect of all the properties owned by your wife's father and second being suit for accounts in respect of the partnership assuming your wife being a partner.
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