Partition suit

Querist : Anonymous (Querist) 09 December 2010 This query is : Resolved
I have to file partition suit. I sent notice to other legal heirs. Now my sister also want to became as plaintiff in partition suit. Is it possible.whether there is any extra court fees needed for more than one plaintiff.

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Adv. Satyendra kumar chauhan (Expert) 10 December 2010
if you have not filed suit so far then you may join your sister in plaintiff list,and if case is already filed in that case yours sister may file application for joinder of her name in case as she is necessary party. in former case it wont affect the court fee.

Devajyoti Barman (Expert) 10 December 2010
At the time of fling of partition you have to make all the co sharers party to the suiit. It is not he question of wish of any of them . There is no extra court fees is to be paid if there is more than one plaintiff.

s.subramanian (Expert) 10 December 2010
Yes.

G. ARAVINTHAN (Expert) 10 December 2010
in so for as partition suit is concerned, all parties to the suit are contesting for their respective shares.

If your sister want to be plaintiff, better not to change position in suit, but she can file petition to submit to decree and sail with plaintiff

Y V Vishweshwar Rao (Expert) 10 December 2010
In a Partition Suit for Division of Properties each party either on plaintiffs side or on the Defendant side have equal rights to claim their respective share have right to submit their respective pleadings for share as a suit filed by each party , or they can claim their respective share , admitting the facts of the Plaint. It is not the question on which side -the Plaintiff side or Defendants side- to decide the issue - to claims of the parties in the suit/on Joint Family properties /assets / Each family member / entitled legal heir & successor to be impleaded in the suit for partition . No Extra Court fee is needed .

Kirti Kar Tripathi (Expert) 10 December 2010
i agree with Mr. Rao. He has explained nicely.

Advocate Bhartesh goyal (Expert) 10 December 2010
I also agree with Mr.Rao.

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