Suit for partition with seperate possesion
shuaib zakaria
(Querist) 02 October 2013
This query is : Resolved
respected sir/mam
as already mentioned we are a muslim joint family inherited suit property from grandfather died 1948 by way of partition deed made in 1971 among six legal heir branches and were alloted portions and handed over to each branch which clearly states that suit property is kept common among all but in 2011 one of the branches with ulterior motive encroached and demolished our portion which was under lock and key for which I had to go through legalities and now
as per your advice I have filed suit for partition with separate possession for my share with the senior div magistrate court but the other side has taken stand that court fee paid is not correct as the said suit is valued at 33 lacs
they are contending that
i am not in possession hence suit not maintainable under court fee of rs 300 court fee to be paid at market value
secondly they are saying that it is time barred according to limitation act as my father died in 1975 and I don't have stand to claim the same now
but the fact is that i am in possession under lock and key and the suit property stands in my grand fathers name and the property taxes are being paid collectively by all the six branches for all these 40 years
kindly guide and advice
Sudhir Kumar, Advocate
(Expert) 05 October 2013
a subjective query which can be replied only after seeing the papers. Please meet nearest available advocate with papers.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
repeated
http://www.lawyersclubindia.com/experts/Suit-for-partition-and-seperate-possesion-426551.asp
