(Guest)

Advocate commissioner - parittion suit

hello,
in the case of a partition suit on ancestral properties, how does the advocate commissioner process work afer the preliminary decree is passed by the lower/trial court.

1. how much is the court fee to appoint a advocate commissioner
2. how long does it take for the advocate commissioner to show upu and file a report once a request is made
3. what if there is a legal heir already livig in forced possession on the property. does the advocate commissioner have the right to enter for survey of the property in that state.
4. is it required for plaintiff/advocate to be present during advocate commissioenr visit
5. can someone please share sample of advocate commissioern report format filed for partition suit.

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4 Replies

Siddharth Srivastava (Advocate) 01 November 2017

1. It is discretion of court. 2. It depends upon efficiency of advocate in terms of order. 3. Yes, if the necessity so arise and as ordered by court. 4. No. As such there is no requirement. 5. As such there is no format. Every advocate draft report in its own way.

Azhagananth (Lawyer) 04 November 2017

1.fixation of Commissioner's fee is Upto court to decide - it may Rs.3,000/- to Rs.20,000/- according to descrition of the property

2. it is upto to Petitioner and his counsel support to Commissioner

3. legal heir - impleaded in suit or not - Before making final decree application- the legal heir should be bought into recore - Also there is no grounds of abatment of time in partition suit.

4. Already answered in 2 questioned

5. Sorry, you can support but you cannot support in his shoes....

(Guest)

hello
need some clarification on those lines -

1. what if the legal heir is one of the defendant and is the only person under current physical possession
2. what do you mean by abatment of time and how does it apply n the above case