partition suit of a ancestral house
Querist :
Anonymous
(Querist) 29 April 2010
This query is : Resolved
Can a partition suit/declaratory suit be filed to divide a residential house among the three married brothers when parents are alive, and there is consensus among all members of the family to divide the residential plot. what is the difference between partition suit and declaratory suit. what hat about court fee on such suit in uttar pradesh.
prakash vathore
(Expert) 29 April 2010
if all the parties r agree then why dont u prepare family settelment deed.
Querist :
Anonymous
(Querist) 29 April 2010
it will attract stamp duty, to save stamp duty this seems to be one alternative however time taking.
Raj Kumar Makkad
(Expert) 29 April 2010
Declaratory suit is a suit wherein any declaration is sought from court. A dispute is shown and a particular declaration is demanded by the plaintiff. It do not require court fee except token judicial stamp paper whereas suit for partition is a suit wherein a partition is sought by parties and it require advolerum court fee to be calculated as per value of the property.
It is better to file declaration suit on the basis of family settlement wherein defendants shall admit the claim of the plaintiff and the decree as sought shall be passed.
adv. rajeev ( rajoo )
(Expert) 29 April 2010
If it is ancestral property then you can go for partition suit.
Declaration suit : In this suit you can get declare that you are the owner of the immovable property on the basis of the document, which shows your right over the property.
Eg., If you claim the property on the basis of the will, sale deed etc., in case of if any body claims or deny your tittle.
Querist :
Anonymous
(Querist) 29 April 2010
Mr Makkad, thanks just one query in declaratory suit the basis i.e. family settlement, we may file unregistered notarised family settlement duly signed by all the family members. is it admissible in the court as documentory evidence. further the decree so passed will it create marketable title to the owners.
G. ARAVINTHAN
(Expert) 29 April 2010
Rajeev sir is right.
As regard to the Court Fee, the value of the property to be taken in to account.
Maximum 750/- for a property in District Court and for declaration, 1% of the value of the property to be paid
Parveen Kr. Aggarwal
(Expert) 01 May 2010
Even in case of a partition suit, ad valorem court fee is not payable if all the co-sharers are admittedly in joint possession.
