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4WhatIsRight (partner)     07 October 2012

Partition suit and declaration suit

!.who can file a partition suit?
2.If there are several legal heirs, can any one file?
3.Who is to be made the defendant / respondent?
4.What documents are needed to be filed?
5.What if title documents are with one heir, who is not willing to part with them or give a photocopy of the same?
6.Is a substantial amount of court fee to be paid?
7.What is a declaration suit and who can file the same?
8.Who are to be made respondent in a declaration suit?
9.can both suits be filed simultaneously for different properties?



Learning

 9 Replies

Shantilal Pandya ( Advocate)     07 October 2012

1.... All or any of the  co-owners can file such a suit.may  also be depanding upon piculiar facts of any such          case

2.... As above. 

3.... All persons who are co-owners of the property.may  also be depanding upon piculiar facts of any such          case

4....The title deeds and the documents if any relating to cause of action.

5....The documents  can be demanded through notice either before or after filing of the sut. 

6....The court fee is to be paid depanding upon value of the share asked for ..rate as per Court Fees Act of          the state concerned.

7.....Any one who claims  a status or right  and if such status or right is in cloud. ..declaration is a declaration        of any such right  that exist in favor of  or any of the parties,or against the defendent and which affects            the position of the  plaintiff.

8    All persons   who are likely to be affected by such declaration are required  to be made parties to the             suit.

9...Yes, but leave of the court to do so will have to be obtained before filing the first suit.


2 Like

4WhatIsRight (partner)     07 October 2012

1.In case of joint family property is there a need to make married daughters of the family -RESPONDENTS?

2.How the value of share is to be decided?

3.is it neccessary to file a suit in the state where the property is located or it can be filed in any anycourt where one of the plaintiff is staying, eg-property is in orissa and one of the intending plaintiff is staying in andhra pradesh.

4WhatIsRight (partner)     07 October 2012

is injunction petition is to be filed with partition suit?

surjit singh (Assistant)     08 October 2012

The  value of share is determined on the basis of a reasonable  market price or the price mentioned in the sale deed or on the basis of the notification issued by the governemnt fixing the rate of the property in the area. Suit can be filed before the concenred court where the property is situated or when there are different property at different places generally it is filed wheren most of the property is situated. For  an injuncton petiton it can be filed at the time of filing the suit or at the later stage also where it is necessary.

2 Like

venkatesh Rao (Retired Government Servant)     08 October 2012

Injunction petititon can be filed either with suit or subsequently as contingency arises.

2 Like

4WhatIsRight (partner)     08 October 2012

in case of inherited property,(3 generations) how it is to be valued for purpose of share value dtermination?

Sameer Reshamwala (DM)     03 December 2014

We are 4 brother and sister , 1 brother and 3 sister my parents are alive we have 1 house and 1 shop my parents have removed me from the house now the same is occupied by my sister and the shop is occupied by me. My parents take Rs.10000 per month rent for the shop from me. I am in possession of the shop since more than 7 years. Now I dont want to continue to pay rent and I want to have my share.

1.Can I file a partition suit if my parents are alive.

2. What is the remedy available to me to get my share in the family property.

Please suggest 

sujatha   20 May 2016

Respected sir, we have an house in the name of my mother-in-law and it was got registered to my co-sister i.e, wife of my husband's brother in 2012. my husband too kept the witness signature in a drunken stage. and till know we are living in the same house in one portition without giving any rent and the rent of the second portition is taken by my co-sister. how to file a suit regarding this matter?

 

sujatha   20 May 2016

Respected sir, we have an house in the name of my mother-in-law and it was got registered to my co-sister i.e, wife of my husband's brother in 2012. my husband too kept the witness signature in a drunken stage. and till know we are living in the same house in one portition without giving any rent and the rent of the second portition is taken by my co-sister. how to file a suit regarding this matter?

 


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