Recovering litigation expenses from a co-owner

Question

Question: On 19 March 1950 a case began in the session of the Judicial Officer of Azamgarh; it ended on 16 July 1953. Zayd is by relation Bakr’s nephew (brother’s son). At the start of the case Zayd gave money for the expenses two or three times on account, but later, anticipating defeat from the course of the case, when the expenses were demanded of Zayd, Zayd remained silent and took no interest of any kind. Bakr was compelled, and kept on fully pursuing the case and bearing the expenses.

Answer

If this property was not acquired by Bakr himself through sale and the like, but came to him from his father as inheritance, and at the time of Bakr’s father’s death Bakr’s brother (Zayd’s father) was also alive, then these two brothers (Bakr and Zayd’s father) are equal co-owners in this property. If there were no case(?)

Source: Fatawa Mahmudiyya

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