property partition

varun (Querist) 04 August 2010 This query is : Resolved
so my question that will the partition between father and son take place on the value court fee was paid i.e 20 lac or the present market value of that property i.e 2 crore rupees
Thanks in advance
varun

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Devajyoti Barman (Expert) 04 August 2010
The valuation of the suit is different from valuation of the property and for the sake of jurisdiction it is permissible under law to under value the suit property. So even when the suit is decree the suit value will remain the same.

varun (Querist) 05 August 2010
Thanks,please clarify if the valuation of property is required for partition then it will be on todays market value or not

Daksh (Expert) 05 August 2010
Varun,

For practical reasons it can also be the book value of the property or the appropriate circle rates can also apply. Last but not least the nature of property i.e. residential/commercial/agriculture also counts.

Best Regards

Daksh

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