Property despute between three brothers
Umesh S Pachapur
(Querist) 08 February 2013
This query is : Resolved
We are three brothers, out of that I the younger, our parents (mother and father) are expired in 2003 and 2006 respectively. Mother had property from her fathers leagal hires share(measuring 108x22ft commercial with 660 sqft shed). Now on that property we all 3 brothers names are registered. and my father had his own property ie, One house (60x40 site, 1200 sqft constructed area; one main building and one outhouse), two plots of 2-1/4 guntas and 3-3/4 guntas. and one more plote 30x40 size was purchased by my father on my brothers-2 name. we have given application for registration of we 3 brothers name on the fathers property.
At present the elder brother stays in pune doing job and welsettled there itself and had his own flat in pune. remaining we two stays in our native. brother-2 is staying in main building and I stay in out house. now brother-2 is without any information my mothers property given on rent and collecting himself the money. and had intention of having both the house and mothers property which is commercial one. What action has to be taken by me please recommend......
If suppose i have to file the partition suit then all the court fees has to be paid by me..
Umesh S Pachapur
(Querist) 08 February 2013
thank you...
For Partition suit filing I have to bear the court fees?
prabhakar singh
(Expert) 08 February 2013
One who files a suit has to value the suit for pecuniary jurisdiction as well as for reliefs claimed and have to pay court fees as per law of state where suit lies.
Umesh S Pachapur
(Querist) 08 February 2013
Thank you...
If the pititioner is not have such position to bear the court fees or any alternate way is available.
prabhakar singh
(Expert) 08 February 2013
The such suits are filed as INDIGENT along with a Misc.petition upon which notice is served on the state and evidence is adduced
to prove indigence where after hearing either side if court allows the indigence petition ,suit so filed is registered in the regular side.
