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Ram (retired)     17 May 2013

Sharing of ancestrol property

My daughter in law has two elder brothers and her parents are not alive. The house property is in her mother's name and the legal heir certificate shows up all three. The house tax receipt bears the names of all three. Now the eldest brother refuses to divide the property, though he admits it belongs to all three. He stays in that house and collects the rent also . How to file a case of division of property in the court. Is there any court fees payable for filing the case. Value of property is  80 lacs approx. Is there any way to ask for relief from paying this fees. since the other two ( my daughter in law and her first elder brother) have no means to pay fees if it is huge.



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 2 Replies

LegalArrow ( Advocate Bangalore)     18 May 2013

u have to file a simple suit for partition and separete possession of 1/3rd share. court fee varies from state to state. in karnatka if u are in possession then its only 200 rs, if you are not then u have to pay court fee on the market value of the propoerty. in the suit u can also seek interin deposit of the rents accrued in ur account.

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Ram (retired)     18 May 2013

Dear Sir

Thanks a lot for your reply to this query. The property is situated in Chennai.(Tamil  Nadu). Can you or anyone guide me on the fees payable? Is there an alternate option for relief from paying this fees if it is huge?


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