Partition suit
Guest
(Querist) 23 October 2014
This query is : Resolved
Hello Sir,
My maternal grandfather has self-acquired property registered on his name. He died intestate in 1986 and was survived by his wife and five daughters. My maternal grandmother expired few months back. The elder four daughters have been married. The youngest one (unmarried)was living with her mother on the mentioned property which is still on name of my grandfather. Now that my maternal grandmother has also died intestate please let me know if partition suit can be filed so that my mother will get her share as other sisters are refusing to acknowledge her share in property. Also let me know approximately what will be the time taken by court for settlement of partition suit and the court fees.
Thanks in advance.
ROHIT SHARMA
(Expert) 23 October 2014
1. If you file the partition suit then all the legal heirs of your grandfather/grandmother would be entitled to equal shares as per the Hindu Succession Act. The share of the grand mother in such property too would be divided between the next generation of legal heirs.
2. In case your father has demised before or after the demise of your grandparents then of course you mother too would be deemed as legal heir of her husband i.e. your father and would be entitled to equal share as that would devolve on the legal heirs of your father.
3. Yes, your mother can file a suit for such partition of the ancestral property.
4. If need be for further direct personal and private consultation other than by posting of queries on this website you can get my contact details by clicking my name shown in the L.H.S margin of this reply format.
Advocate Bhartesh goyal
(Expert) 23 October 2014
All the five daughters of your grandfather are entitled to get equal share i.e 1/5 share in property.your mother can claim her 1/5 share in propert by filing partition suit in court.
Guest
(Querist) 23 October 2014
Thank you sir for the reply. My family is a poor one. I came to know through a friend that court fees amount to one lakh as the property in question is worth 50 lakhs. So kindly tell me if that is the case. As it is not possible for us to gather such amount of money for filing partition suit.
Thanks in advance.
ajay sethi
(Expert) 23 October 2014
for filing of partition suit you have to pay court fees on the value of property as per your share . the exact amount payable towards court fees only local lawyer can say .
partition suit take around 15 years to be disposed of
Guest
(Querist) 23 October 2014
Hi Ajay,
The youngest daughter is staying at the property and she is not letting anyone appraoch also. Can the partition suit be not expedited? Because 15 years a long time and both my parents have terminal illness. So they don't have hope of living more than 3 years. What will happen to my mother's share in case she dies while the case is still in court as 15 years is a long time.
Thanks in advance.
T. Kalaiselvan, Advocate
(Expert) 24 October 2014
Mr. Karthik;
Please state that in which place/state is the property situate, because the court fee for partition is fixed and not to the extent of what is told to you. You have been misinformed about this. Well, no doubt the partition suit ordinarily takes more time than any other suit,it may not take such long time of 15 years until there are some very serious issues involved. Your mother has a right to her legitimate share in the intestate property of her father, and in case of an unfortunate and sad demise of your mother during pendency, her legal heirs can continue with the case. Consult a local lawyer and proceed as per his further advise.
Rajendra K Goyal
(Expert) 24 October 2014
You may consult some local lawyer, partition suit takes time but it may be decided earlier than 15 years.
Unmarried Mausi is entitled for only 1/5th share and not more than that till any heir relinquish her rights.
Guest
(Querist) 29 October 2014
The property is in Hyderabad which now comes under state of Telangana. I have consulted three local lawyers and all of them are quoting court fees from 1 lakh to 1.5 lakh as per valuation of property to be 50 lakhs. They are telling this includes court fees and registration amount also. But this is a very high amount and not affordable by my family. Kindly advise if there is any alternative to my family's predicament?
Thanks in advance.
Guest
(Expert) 29 October 2014
You Could Discuss the Same with Free Legal Aid Centres in all the Courts and also could Discuss with Good Advocates and give an Undertaking Every thing would be paid after getting the shares.There are many Advocates who do this but they might charge little high as in the case of Accident Claims.Discuss and Finalise.
Anirudh
(Expert) 29 October 2014
Dear Mr. Kartik,
According to A.P. Court Fees and Suits Valuation Act, 1956, in respect of the Immpovable property, where one is not in Possession, for the purpose of partition one has to pay Court Fee on the 3/4th market value of the share in the immovable property which one claims. For instance in your case, you say the property is worth Rs. 50 lakhs. The same has to be divided equally between 5 daughters. That means, your mother is entitled to 1/5th of the property whose value would work out to be Rs. 10 lakhs. 3/4th of this will work out to Rs. 7.5 lakhs.
Taking this Rs. 7.5 lakhs as the value, the Court fee would be Rs. 5,426/- for the initial Rs. 3 lakhs. For the remaining 4.5 lakhs, it would be Rs. 100 for each Rs. 10,000/- that means for the remaining 4.5 lakhs it would be 4,500/-. Totally the court fee would work out to Rs. 9,926/-.
At the worse scenario, you can take it that it cannot not at all cross Rs. 20,000/-.
However, there will be lawyer's fee.
Guest
(Querist) 29 October 2014
Dear Anirudh Sir,
Thank you very much for the elaborate reply. Now i have clear idea about court fees. I think the lawyers i consulted were trying to bank on my having no knowledge in this regard. Now i can speak for a fair deal. Thanks once again
Regards,
Kartik.
T. Kalaiselvan, Advocate
(Expert) 29 October 2014
Expert Mr. Anirudh has given a very clear picture about the court fee likely to be involved, you may become aware of the fact of the fee applicable and deal with the advocate you are proposing to engage accordingly. Please note that the advocate fee will be in addition to the court fee. The registration charges will be applicable only after the suit is finally disposed, so let you not remain misguided about the registration charges even before the suit is filed.
Guest
(Querist) 29 October 2014
Hi Mr Kalaiselvan Sir,
Thank you for the advice. I have just one more question...Initially i need to bear only fees of lawyer and once the suit is disposed of then i have to pay court fees? Based on my family's economic condition can i avail any kind of financial aid in engaging a lawyer?
Thanks in advance.
Regards,
Kartik.
T. Kalaiselvan, Advocate
(Expert) 29 October 2014
The court fee has to be paid along with the plaint being filed initially. You can request your lawyer to receive his fees a little later provided he agrees to, because you cannot expect a lawyer to do free service to you.
