partition suit
tharun
(Querist) 11 October 2009
This query is : Resolved
A case on house property was disposed with equal rights to all legal heirs. I am a legal heir to the property and the other legal heirs are still not showing interest in disposing/settling the property(even after several months of disposal of case). I would like to know if there is any way I can resolve this other than going for partition suit. If no, what would be the procedure for a partition suit and what is the approximate time period it would take for the suit to resolve and what court fee would I incur?
Thanking you in advance.
Adv Archana Deshmukh
(Expert) 11 October 2009
The other way is to talk to the other heirs amicably and try to settle the matter out of court. Court procedures do take some time. In respect of court fees, it depends upon the valuation of the property.
tharun
(Querist) 11 October 2009
Thanks you for your response...I made several attempts to settle this out of court, but nothing seemed to workout of difference of opinion. What percentage of land value will be the court fee?
n.k.sarin
(Expert) 11 October 2009
court fees is depend on the valuation of your share in the property. It vary state to state for example I think in Uttarpradesh it is payable on the 1/4th of the share in the property.
Raj Kumar Makkad
(Expert) 12 October 2009
partition suit should be filed by you and no specific court fee on the basis of the value of the property is required to be affixed.
Adinath@Avinash Patil
(Expert) 12 October 2009
only remrdy is to file partition suit.you pay court fees on your share.
Sachin Bhatia
(Expert) 12 October 2009
Other way is to talk to the other heirs amicably and try to settle the matter out of court.
tharun
(Querist) 12 October 2009
Thank you Sirs for all you responses and suggestions.
niranjan
(Expert) 12 October 2009
Declaration of share can only be made in preliminary decree in partition lsuit. Then you have to get Commissioner appointed for partition and final decree drawn and get share.The suit decided was only for declaration without consequential relief?You must have asked some relief and if it is executable, file execution petition.
tharun
(Querist) 13 October 2009
I am not sure whether the suit was only for consequential relief. I will check back the judgement and let you know. Thank you.
