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How to file partion suite

(Querist) 10 October 2014 This query is : Resolved 
Dear sir

Im married female 42 yrs old staying in chennai.We have 600 sqt feet home. Thats is father property. But we dont have sale deal. This Property alloted from tamilnadu slum board clearnce to my father. But my father is not Alive now. So now me and my brother and my mother are legal heirs. Now proprty value approex 40to 45 laksh

My brother staying with his family above mentioned the property. but iam doing business. More than 10 yrs from above mentioned property . I ask 50percentage share from above property. But my mom giving full support to me. But my brother not ready to give 50 percentage. So I sent a legal notice to my brother.to partition the property.

He send a reply notice to me. He mentioned he is not ready for partition.

He told me to come legal way via court.

1. In this situation with out file the partition suite from highcourt. Can I get my share any changes are there.

Or

2. If file the partition suite how much court fees I want to pay. And what are all documents I want to submit and

3.how many years it wil take for judgement.

Then

4. But mentioned property is now too demage. Alredy one part fall down by nature.
because this is More than 40 yrs. Old proprty. And at any time another part also will fall down.
So my brother decide to build the new house on above mentioned. Any changes there to build new home. To my brothr.

5. I want stop to build new home. By legal way for that What I want to do.pls telme.

The procedure.
Thank u.
Dr J C Vashista (Expert) 10 October 2014
Why did you opt for legal recourse, Did you try to take your 1/3rd share amicably?Consult your lawyer with all documents for proper opinion/advise.
Rajendra K Goyal (Expert) 10 October 2014
For sale deed / receive the duplicate allotment letter from the department which allotted the property.

If no amicable solution possible file suit for partition.
1. Case is to be filed in lower court and not in High Court.
2. Court fee, differ from state to state, lawyers fee differ from person to person, you can negotiate.
3. It may take 4-5 years or more.
4. No change of legal ownership position if rebuilt by your brother however, he can complicate the position by otherwise arguments / claims.
5. If he start construction immediately take stay on construction from court.
P. Venu (Expert) 10 October 2014
The property, prima facie, is impartible. It is advisable that the suit is filed under Partition Act.
T. Kalaiselvan, Advocate (Expert) 15 October 2014
You have to take the help of a good lawyer and file a partition suit seeking your legitimate share n the property and also to file an application seeking injunction restraining your brother from alienating or making any new construction demolishing the existing structure until the suit is disposed. The lawyer fee will depend upon the standing and other credentials of the lawyer selected by you to fight your case and generally a partition suit will take atleast 5 years or beyond that to get disposed.


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