My brother(say B) along with his friend(say F) jointly bought 3 acres land from F s wife by sale deed in 1990 to start an industry viz stone crusher.Availed bank loan of Rs.2 lakhs.Fs wife was guarantor.Industry failed.In 1997,B expired,leaving behind wife and 2 children.F was entrusted to run the show and to pay loan.He also failed and not paid loan.In 2002,bank filed recovery suit aginst all ie.,F,Bs 3 legal heirs and Fs wife as guarantor.The case was settled under one time settlement in March 2012,as the gurantor paid Rs.5 lakhs.Court ordered that the guarantor can get remedy from the firm/partners of the firm ie.B and F,by impleading herself in the partition suit ,filed by the legal heirs of B.
The legal heirs of B has filed partition suit in 2010,claiming partition of property and got preliminary decree in nov-2010,pending recovery suit by the bank,for division of properties into two.It is an ex-parte decree,as F has not contested.Further process to get final decree and filing EP are in process.