Partition suit

snlgera (Querist) 21 May 2019 This query is : Resolved
My elder sister filed a partition suit in district court for her 1/4 share valuation of full property at rs 60 lakhs. court fees deposited rs 50 Only. Our application under order 7 rule 11 for depositing proper fees dismissed by court due to joint possession citing case of Delhi high court in joti parsad 1975. While she is not in physical possession of property. We two brothers are residing on property. Please advise as per laws.

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snlgera (Querist) 21 May 2019
Jagdish Pershad And Ors. vs Joti Pershad And Ors. on 16 December, 1974
Equivalent citations: ILR 1975 Delhi 841, 1975 RLR 203

Dr J C Vashista (Expert) 22 May 2019
The court has rightly dismissed your application u/o VII Rule 11 CPC since she (your sister) has correctly submitted court fees for the relief sought.
What is the opinion/ advise of your lawyer? However, if you are not satisfied you should consult a local prudent lawyer with relevant documents/ facts for proper appreciation, analyses, guidance and proceeding.

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