Non payment of fee to court in joint family property
mohan.D
(Querist) 20 March 2019
This query is : Resolved
Dear sir/mam
My question my elder brother has filed a suit in os 28/2013 in court for partition of joint family property my father has died on 14 March 2013 and no testimony or will it's self aquired property of my father after my father death my elder brother has filed a suit for partition of joint family property against me and my mother and sister without paying court fee on evaluation of property can he file the suit to court without paying evaluation of property that is my question please guide me
Thanks®ards
Mohan
9880962229
Dr J C Vashista
(Expert) 20 March 2019
What is the opinion and advise of your lawyer?
Whether your brother with defendants is in possession of suit property or not ?
mohan.D
(Querist) 20 March 2019
Dear sir thanks for u r kind reply my elder brother is not in possession all property are under my mother and taking and maintaining by my mother see sir my father has got him 4 sites in Bangalore in his name he sold the property and put the cases on remaining property for partcian suit it's joint family property I want share sir my question my elder brother has to pay property fee to court According to law before he approach for partcian suit in joint family property and any citision please guide me
Thanks & regards
Mohan
9880962229
P. Venu
(Expert) 20 March 2019
The posting lacks clarity. Please post simple facts.
When did your brother file the suit - before or after the father's death?
Anyhow, on the father's all the property is jointly vested with the legal heirs - i.e. the mother and the children. As such, only nominal token fee need to be paid.
