Declaration, injunction and partition
Advocate Umesh
(Querist) 12 December 2014
This query is : Resolved
An Immovable House Property purchased in the name mother of my client form funds of family business in 1983 for rs. 12,000/-. At that time son was of 14 yrs. age. Now after death of father in 2001, my client along with other two brother wants to partition of house property but the mother is not ready. so my client filled civil suit for declaration, injunction and partition. because he has already in possession. the mother also admitted possession of my client. now the market value of suit property is rs. 50,00,000/-. I argued before the court that suit for partition doesn't amounts to transfer but it will decide shares which have already exists to all co-parceners. in short in suit for partition no new right, intrest and title will create but only decide share of each co-parcener and specifically there is no prayer in my suit for possession. now the question is can a court make an assessment of court fee on current market valu which is in existence at the date of filling suit or the value as on 1983. because defendant mother's lawyer make objection in respect of court fee and submitted certified copies of market value from registrar. pl. resolve query in light of provision made in Bombay Court Fees ACT, 1959 because suit filled in sangli maharashtra. thanks.
P. Venu
(Expert) 12 December 2014
The property is vested with the mother. The suit and the reliefs sought, prima facie, are ill advised.
