family and property law and inheritance

This query is : Resolved 
 

(Querist)
02 June 2009

if the disputed property in question located in mumbai and it exceeds rs 15 lakhs in value , however, individuals intending to file a case are residing in pune in which court can the case be filed the litigants are hindus.Also the period by which the case can be filed.Kindly also assist in finding suitable lawyer to take up the case.The issue relates to the property left behind due to the demise of an issueless widow, the late widow's parental family have unilaterly taken possesion of her property stating that she has willed all property to her father including the property purchased by her late husband. the widow wes hospitaised during her final days


MC Sachdev (Querist)
02 June 2009

..

B.B.R.Goud. (Expert)
02 June 2009

in case of immovable property, the jurisdiction comes where the property resides. in your case the case jurisdiction comes under Mumabi courts.
you can findout a suitable lawyer in mumbai only, for better advice.

Suhail suhail (Expert)
02 June 2009

The jurisdiction is based upon two essentails ;1.the location of subject matter and redidance of parties.If the parties (both) are intrested in contesting the case in pune,then only it is possible,but it is proper to file the suit in MUmbia court and that will be best in the intrest of early settlement of dispute.Besides the lwayer you engage will be best judge of situation better is to consult any civil laywer.

MC Sachdev (Querist)
02 June 2009

what is the level of court where the case is to be filed .i.e has it to be filed in HIGH COURT OR OTHERWISE < AND WHAT IS THE PERIOD WITHIN WHICH THE CASE SHOULD BE FILED....Thanks

MC Sachdev (Querist)
02 June 2009

...

Swami Sadashiva Brahmendra Sar (Expert)
03 June 2009

agree with mr Gaud. jurisdiction is decided on the basis of location of property.

MC Sachdev (Querist)
03 June 2009

the time period by which the case should be filed and depending upon the value of the property the level of the court where the can be filed. Iam given to understand that if the value of property exceeds 5 lakhs then the case has to be filed in High Court ... Is it correct ?



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