Property Partition Suit (Civil-Misc-Housing Flat)
DebUPindia
(Querist) 12 February 2011
This query is : Resolved
Hello Everyone
I have following questions:
1. In Trail court ( District Delhi) District Courts, when the territorial bifurcation got implemented. The date and reference document (PDF or doc) required. Because in LawyerClubIndia it reads>> For example in Delhi, there are three District level courts, viz. Patiala House, Tis Hazari and Karakardooma. All these courts have nearly same powers. However, being on a same horizontal line, these courts are divided territory wise, i.e. area wise. Again for example, cases pertaining to South Delhi, New Delhi and West Delhi will lie before Patiala House, and North Delhi cases will lie before Tis Hazari, and cases pertaining to East Delhi will lie before Karakardooma.
2. For Civil Appeal in HC, if someone misses 90 day period after a prelim decree by trial court, is there any legal way to appeal beyond 90 days?
3. For Civil Appeal in HC, under land real estate what is a court fee structure, per lac of value?
4. Is there any case books/history available online about judgments of property partition suit which cannot be divided by metes and bounds.
Thank You for your help!
Y V Vishweshwar Rao
(Expert) 12 February 2011
1-Yes there will be Jurisdiction to each District Judge ! Patiala - Tis Hazari etc
2- Approach the High Court Advocate - there is provision for delay condonation - to file Appeal
3- Court fee according to Suit valuation and as per Local state Court Fee Act
4-Case law on property judgments - to be verified with the facts of Your case !
Y V Vishweshwar Rao
(Expert) 12 February 2011
In case property can not be practically divided by mates and bounds . The Court Will work out Equities - by selling the property or -by putting the same between the share holders to offer the value of other share holders and to take other share holders shares or/ other modalities /according to the situation / needs / facts/ and practical possibilities of the property /to be partitioned !
DebUPindia
(Querist) 12 February 2011
Thank you Sir for sharing the information.
1. For terretorial bifurcation in Delhi, what was the date of implementation? Any booklet, document available online?
2.New term> Con-donation: Is this a cost to be paid extra to court/opposite parties? How this works out, procedure?
3.Is there any HC court fee structure computation on per lac value? Just for an example, a civil suit valued at say 20L, how much is court fee?
4. Thanks, got the response.
Y V Vishweshwar Rao
(Expert) 12 February 2011
1-The Jurisdiction Information will be available in any of the Three District Courts at Delhi - You can verify on the Web Site of Delhi courts
2- Yes - it is the cost- that may be imposed by High Court while condoning the delay- to be paid by the petitioner / Appellant to the opposite party or as directed by the High Court !
3-Generally the Suit Valuation for the purpose of Court fee- will the value of the Appeal- in Partition suits & title declaration Suits !
4- for further details on the subject-You may contact Delhi Court Advocate - Advocate-Rakhi Budhiraja " One of the Members of this lawyers Club India - you can contact her by visiting her profile !
G. ARAVINTHAN
(Expert) 12 February 2011
can file the appeal after the limitation period also. BUT YOU NEED TO FILE AN APPLICATION to condone the delay i.e the period after 90 days.
DebUPindia
(Querist) 15 February 2011
1. Can someone share a link/pdf/document when the civil districts was implemented in Delhi? I am unable to find the information in the website.
