Respected Experts,
Seeking legal guidance regarding an ancestral property dispute and related court fee issue.
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Our father passed away in 2015.
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One of our brothers (plaintiff’s husband) was alive at that time and inherited his share under Islamic law.
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He passed away in 2016.
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After his death, the remaining heirs (mother, brothers, sisters) demolished the old house and constructed a new house on the ancestral land using their own resources.
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The plaintiff (our sister-in-law) has filed a suit in 2023 claiming a share in the property.
We accept her right to inherit her late husband’s share. However:
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We submit her claim should be calculated based on the 2015–2016 circle rate of the old ancestral property, as that was the value when her husband was alive and inherited.
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She cannot claim any share in the new house constructed after her husband’s death.
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The property’s current market value (₹65 lakh approx.) is nearly double the old value (₹35 lakh approx.).
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She paid court fee based on the old value or less, but is now claiming rights based on the new, higher value.
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We want to know if the court fee should be paid based on the 2016 or 2023?
Our Questions:
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Is it legally correct to calculate her property share and court fee based on the 2015–16 circle rate, not the current value?
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Can she claim a share in the new construction done after her husband’s death?
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Will the court consider the date of death of both the original owner and the husband for fixing property value and court fee?
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What is the best way to present this argument in court and in written statements to protect the interests of the defendants?
We appreciate clear legal advice on these issues as we prepare our defense and intend to resolve this matter fairly.
Regards,
