Legal notice

mabusubhani (Querist) 01 March 2022 This query is : Resolved
Respected sir, I gave legal notice to my mother and sisters for partition of movable and immovable properties which are on my father name.There was no any veelunama or any other.according to my notice I got reply as I have no objection to give house with site (item 1)after the death of my mother subsequently sisters are ready to pick vacant site (Item 2)as theirs share.Now I can give another notice to partition all properties as soon as possible,because of my health conditions, financial condition and my family members better future.Can metion as it any damages to my shares and my family then are responsible.Give better advice

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This discussion concerns a legal notice issued for the partition of ancestral property. The original poster received a reply indicating a willingness to partition certain assets after the mother's death. Advice suggests that a second notice isn't required to file a partition suit, and all properties should be included initially, even if some shares are later relinquished. The discussion also touches upon court fees, which are typically based on the plaintiff's share or a nominal amount, depending on the jurisdiction.

Dr J C Vashista (Expert) 02 March 2022
Second or subsequent notice is not required for filing a suit for partition.
Consult and engage a local prudent lawyer for professional advise and necessary proceeding.

Advocate Bhartesh goyal (Expert) 02 March 2022
You may file partition suit on basis of first notice.

mabusubhani (Querist) 02 March 2022
Sir Partition suit take long time, so can ask any relief

kavksatyanarayana (Expert) 02 March 2022
No. File partition suit.

mabusubhani (Querist) 03 March 2022
Sir I send 5 items for partition,after I got reply i am not willing in 3 items for partition.then i can file suit for remainy 2 items only

Dr J C Vashista (Expert) 03 March 2022
No.
All the properties must be included in the suit for partition which you may subsequently relinquish your share in favour of anyone / everyone.

mabusubhani (Querist) 03 March 2022
Sir court fee paid on total market value of property or only share of plaintiff.if total value of property is 6000000 then fee

Isaac Gabriel (Expert) 03 March 2022
Everything will be dealt with if you file partition suit and the councel look after legal formalities. Else, settle amicably with share holders.

Dr J C Vashista (Expert) 04 March 2022
Court fees shall be paid for the share of plaintiff / claimant as applicable in your State.

P. Venu (Expert) 18 April 2022
In a suit for partition of jointly held property, to my knowledge, only nominal court fee is to be paid, irrespective of the market value.

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