Partition of joint property
Rishabh Agarwal
(Querist) 29 November 2011
This query is : Resolved
Sir, We a ancestral house jointly owned by my father to the extent of 50% and my uncle's family for the rest. We want partition of the property on the lines of a informal family settlement that took place 24 years ago. But my cousins are not agreeing. So, Please tell me the procedure of partition through court and also the court fees to be paid in ASSAM. I heard that there is concessional rate of court fees for such cases.
M/s. Y-not legal services
(Expert) 29 November 2011
dear rishabh.,
filing partition suit is very simple proceedings., if you have proper evidences mean easily you can do it.,
i think you not yet consult any advocates., so just consult your near by advocate regard your further doubts.,
Rishabh Agarwal
(Querist) 29 November 2011
Sirs,
We have consulted a lawyer but he told that it will take a lot of time and heavy Court fees...Can u please tell me about the levy of Court fees or stamp duty if the property is in ASSAM and stamp duty value is around 20 lacs but market value is around 1 crore..The property is already partitioned physically to an extent and we have the possession of our share for last 24 years.
Devajyoti Barman
(Expert) 29 November 2011
Yes it does take some time but the court fees like the state of WB is nominal and fixed irrespective of the value of the suit properties.
Though executing a mutual partition deed is a good solution, in context of non unanimity you have the only option of partition suit.
Sailesh Kumar Shah
(Expert) 01 December 2011
As You told that the property is already partitioned physically to an extent and we have the possession of our share for last 24 years.
So why do you want to partition?
wait some time.... and settle matter amicable.
