Dear Sir / Madam,
We are three brothers and both our parents have died. Unfortunately there is no will from anyone. I am advised to file partition claim from one of friends who is a legal consultant.
Some case history,
There are two flats in the name of our parents (mother). 1st brother stays in US and is citizen of US. 2nd brother stays in India but does not disclose his address details. He sometimes replies to email.
1st and 3rd brothers are ok with division of property into equal share, however the 2nd brother claims that he should be owning the entire property, since it was mothers last wish. He (2nd brother) claims that he has something in writing (offcourse it is not will) from mother.
Questions are as below,
1) If I (3rd brother) file a partition suite, can he ask court to do the auction of our properties and divide the funds into 3 brothers ?
2) If 2nd brother does not disclose his address, how to serve legal notice ?
3) Can any of the brothers bring stay on partition suite ? if so for what reasons court will consider the stay ?
4) Can we ask court to fix a basic value, before auction of the each property on production of valuation report ?
Thanks in advance,
Shashank
