Dear Expert Members,
I have a query related to applicability of court fee for property partition matter
Two partners bought a flat in joint name (in year 2004) and also paid initial money, registeration, cost of renovation, and EMIs from their savings and salary etc.
One of the partner had to leave the physical possession as he went for studies in other town for 3 years, in the mean time, second partner used the flat for his office purpose and also enjoyed rent of one part of the flat.
in 2009, when the first partner returned and wanted to enter into flat, his other partner refused his rights
and locked the premises and called the police (told to police that also that this person has not paid EMIs and forcibly want to come to the flat ), police asked both the parties to approach court for remedies.
Some more time passed to get the matter sorted out, but partner 2 (who is in the possession at present) did
not pay head to any advise or internvention.
Partner 1 is not so much rich and also he wants to focus on his newly setup business, neither he has big amount to pay for legal expenses (or court fee, as my query proceeds) and other charges.
My query is
1. Can two joint name owners are considered in symbolic possession, even if one of them is not in physical possession.
2. Is court fee of 200 is paid for such matter (partition, declration etc) or ad-volerum court fee is applicable.
3. What is best remedy to parterner 1, whether he can file suit of possession, suit of declartion and injuction or suit of partition, what can save him to pay court fee.
4. how much time it takes in general for such cases to be decided in lower courts.
5. if at all court fee has to be paid, is it paid on flat's registered valued in 2004, or on value of flat as per prevailing circle rate, or current market price of flat.
Kindly provide your valauable advise on this matter,
Thanks in advance.
