Partition suit

kaushikphm (Querist) 28 October 2008 This query is : Resolved
Dear Sir,

I have property jointly owned with
My sister and my uncle.
I planned to file partition suit in Highcourt for the same as they are not agreeing for the partition.
Could we go to mediation/arbitration to make partition.
Could you Please advice me.

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KamalNayanSaxena (Expert) 28 October 2008
High Court has no original jurisdiction over the partition suit.

Partition suit is the only remedy.

kaushikphm (Querist) 29 October 2008
Dear Sir,

Can we go to mediation/arbitration in court during the partition suit is pending to save time.
Please clarify.

Kiran Kumar (Expert) 29 October 2008
well Kaushik, courts do appreciate the amicable resolution of the disputes.

prior to the decision of the court u may enter into compromise with the other members and consent decree may be taken from the court.

u can go for mediation and arbitration which may also be termed as compromise in ur case.

one thing i must tell u the consent decree is always absolute and can not be challenged further unless and untill some fraud is played with.

K.C.Suresh (Expert) 30 October 2008
To the my knowledge there is no arbitrtion proceeding in your case. Partition is the solution. Once you filed a suiy for partition the matter will be decided byu that court. Out of court settlement may expediate the matter.

sanjay kumar patibandla (Expert) 30 October 2008
High Court has no original jurisdiction for the petition filed for partition. you have to file it before the civil court as per valuation.

Try to settle the matter with the help of elders. As lost option only file a suit.

RAKHI BUDHIRAJA ADVOCATE (Expert) 31 October 2008
All my friends are absoultely right.

G. ARAVINTHAN (Expert) 01 November 2008
Partition Suit can be filed only in the trial Court and you can find a remedy there

Adv.Shine Thomas (Expert) 06 November 2008
File suit for partition before the Munsiff court or the Subordinate court according to the valuation of the property.

KamalNayanSaxena (Expert) 09 December 2008
Munsif court has no jurisdiction over the petition of partition. It is the only district court where such petition can be adjudicated.

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