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tejinder sethi   25 July 2025

Civil suit for partition

Civil suit for partition suit filed in the property of my father who died inestate. Following defendants :

Mother the nominee holder of the property.

Two sisters 

One brother 

Summons served to all through bailiff except one sister in Delhi by RAD in end Jan 2025.  In the first hearing in April 2025 this was overlooked by the honourable judge & in hearing today it was pointed that mother and one sister staying locally summons could not be served as house found locked. Now my sister has received the summons but the bailiff report is saying could not deliver.

Now the order is passed that plaintiff to take steps against defendant mother and one sister. Does it mean reissue of summons? If yes which is the best method especially when my mother is rarely staying in the disputed property. She is sometimes with her son and other two sisters. One sister is staying locally and another one in Delhi.

Please advise 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     26 July 2025

If court has passed orders to take summons then you may have to file a petition under order V rule 20 CPC to serve the summons on them through substituted service, i.e., through a newspaper 

You ask your advocate who knows the procedure and be in regular touch with your advocate  to progress the case accordingly

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 July 2025

Selling an ancestral house in India can trigger long-term capital gains (LTCG) tax if the property has been held for more than 24 months. Here's a breakdown of what you need to know: 

 Tax Liability on Sale of Ancestral Property Capital Gain Calculation: Sale Price – Indexed Cost of Acquisition = LTCG Since it's ancestral, the cost of acquisition is usually the value as of April 1, 2001, or the actual purchase price if acquired after that. You can apply indexation to adjust for inflation. Tax Rate: LTCG is taxed at 20% (plus applicable surcharge and cess). 

 Ways to Save LTCG Tax You can claim exemption under the following sections by reinvesting the capital gain: 

 Section 54 Reinvest in a residential property in India within: 1 year before or 2 years after the sale (for purchase) or 3 years (for construction) You must not sell the new property within 3 years. 

 Section 54EC Invest in specified bonds (like NHAI or REC) within 6 months of sale. Maximum investment allowed: ₹50 lakh. Bonds have a lock-in period of 5 years. 

 Section 54F Applies if the entire sale proceeds (not just gains) are invested in a residential house. You must not own more than one residential house on the date of transfer.

tejinder sethi   26 July 2025

Mr Rama 

This reply is not relevant to my query.

Dr. J C Vashista (Advocate )     27 July 2025

When all defendants (including mother and sister in Delhi) have been served with summons as stated by you, inter alia, that, "Summons served to all through bailiff except one sister in Delhi by RAD in end Jan 2025..... Subsequently you have stated that, "......Now my sister has received the summons but the bailiff report is saying could not deliver."

It is a conflicting statement, which can be clarified by persuing /inspection of judicial file by you / your or some other lawyer. 

 


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