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vijay kumar (Tutor)     22 November 2023

Regarding counter claim in title suit.

Our ancestral property is in Jharkhand which was sold by a third party by forging Hukumnama.

Property belonged to my grandmother and her name is in khatian and rent recipt.

my sibling filed a title suit for the said land but did not made other siblings party to the suit, 

i have been impleaded as a defendant.

my lawyer suggested to file counter claim together with w/s.

while lawyer of my another sibling whose has also been impleaded as a defendant said file separately.

 

my questions are now :

what would be better ? to file counter claim along with w/s or separately.

how to calculate fee court fess ? we have same prayers as plaintiff along with that we want partition, possession of said land.

do i need to pay court fees for title suit or just partition ?

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     26 November 2023

Yes you can file a counter claim for staking your share in the property. 

You may have to pay 50%of the court fee to that of the plaintiff. 

You can file a suit for partition 

vijay kumar (Tutor)     28 November 2023

@T. Kalaiselvan, Advocate 

Thank you sir for reply, 

what would be better ? filing counter claim within the same draft of ws ? 

or filing counter claim seperately ?

sir we are are only entitled to 1/5 of total land ! do we really need to pay 50% of total amount paid by plaintiff as court fees ? It would be huge amount.

 

@Sanjana Singhania

thank you for reply,

Sir i did not ask anything about rbi pleaes clarify what does rbi has to do with my case ?

P. Venu (Advocate)     28 November 2023

"i have been impleaded as a defendant." What are the reliefs claimed against you?

Who are the other defendants? What are the reliefs claimed against them?

 


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