Jurisdiction of partition suit
vijayj4.2012
(Querist) 30 October 2018
This query is : Resolved
The query is regarding jurisdiction to file general partition suit. The description as below:
The joint Hindu undivided family having 3 ancestral residential house and 2 factories in MIDC.
After doing all the properties valuations and obtained government valuation certificate of
Sub Registrar for all the above joint family assets which come total valuation as 5.45 crore.
The genealogy of the joint family as below:
NOTE: All the above ancestral properties are situated in Maharashtra and acquired by
Grand Father(GF) in a period 1967 to 1998, as shown below
.........................Grand Father, Male (Deceased)
.........................................|
.....________________________________________
....|........................|.............................|.........................|
... |........................|.............................|.........................|
Son A................Son B....................Son C...............Son D
(Deceased)........(Deceased)............(Deceased).....(Deceased)
[ 1/4 share ]........[ 1/4 share ]...........[ 1/4 share ].....[ 1/4 share ]
.......|...........................|...........................|...................|
.......|...........................|...........................|...................|
....____.......... _____________.......... ____.............___
...|.......|...........|.......|........|.......|...........|......|.............|......|
...|.......|...........|.......|........|.......|...........|......|.............|......|
A1....A2.....,,B1....B2....B3....B4.......C1....C2........D1....D2
My query is:
1. What will be the share of all grandson A1-A2, B1toB4, C1-C2, and D1-D2?
Is it 1/10th share for all (A1 to D2) in 10 equal parts for 10 people.
OR
Is it for A1, A2 is 1/8 each for B1 to B4 is 1/16 each, C1, C2 1/8 each and D1, D2 is 1/8 each.
2. Can valuation of property more than 1 Crore need to file in Bombay high court? If Grand Son D1
want to file general partition suit against all grand son’s.
3. Can jurisdiction of file suit decided on total property valuation cost of 5.45 crore for D1 and
file it in Bombay high court?
OR
Can jurisdiction is decided on D1’s 1/8th or 1/10th share as 68lac or 54 lac and file it in
Senior Division Civil court or District court?
4. Can we need to file suit in High court if we combine Grand Son D1 and D2 both to file partition
suit whose combined share value goes more than 1 crore?
Dr J C Vashista
(Expert) 31 October 2018
Civil Judge of the district, where property is located, has the territorial jurisdiction.
Consult a local prudent lawyer for pecuniary jurisdiction.
vijayj4.2012
(Querist) 31 October 2018
Thank you, Sir, for the reply. We met a local lawyer. 1 is said to go High court as it exceeds the value of more than 1 crore.
Another one says to file in district court based on an individual share.
We are in confusion. Hence need information.
M V Gupta
(Expert) 01 November 2018
My replies to the queries are as under:
1. The grand children will be entitled to succeed to the shares of their fathers. HENCE THE SHARES INDICATED BY YOU IN THE SECOND OPTION ARE CORRECT.
2. When the entitlement of each party is clear why should D1 file suit for partition? On what grounds? A simple deed of partition should be executed and registered to complete the vesting of the property to all concerned.
#&4 etc. All these issues are hypothetical and hence not dealt with.
vijayj4.2012
(Querist) 02 November 2018
Thanks for your kind reply, Sir.
But all are properties are undivided and we are leaving jointly.
From last 1 year, In our family, we tried for resolving the issue amicably by settlement and ask for partition by discussing with family relatives and our caste renowned Samaaj Panch(Social Arbitrator).
But some cousins are not ready for settlement. So lawyers are suggesting for partition.
That's why we need to know whether we should go for the high court or district court regarding partition
M V Gupta
(Expert) 06 November 2018
The value of the share of the person who wants to file the suit for partition should be taken to decide the court of competent jurisdiction. If the value is more than one crore then the suit should be filed in the High Court. Otherwise the district court in whose jurisdiction the property is situated will be the proper court. Please note the above is he position in Maharashtra. If you are from another State you have to verify the position from your advocate there.
P. Venu
(Expert) 09 November 2018
Where is the property situated?
