tejinder sethi 14 June 2024
My wife's father died inestate leaving behind class 1 legal heirs. Currently my mother is occupying the house and she has gifted the house to her son's son without the consent of other legal heirs. Although other siblings are not interested to claim but my wife is keen to claim her share. In such a scenario should we proceed with declaration suit or partition suit. Please advise.
T. Kalaiselvan, Advocate (Advocate) 14 June 2024
Your wife can issue a legal notice to her mother asking for partition and separtae possession of her share in the property, failing which she can file a suit for partition against her mother and other siblings seeking the said relief.
amazing Career 24 June 2024
Thank you Sir
tejinder sethi 26 June 2024
Can we file suit for partition and mention constructive possession ? This will help in court fees at fixed rate.
P. Venu (Advocate) 27 June 2024
Yes, file the partition suit pleading that the property is in joint possession.
tejinder sethi 29 June 2024
B. 5. B Court fees will be exempt for women litigants in cases relating to (a) Maintenance, (b) Property, (c) Violence and (d) Divorce."
Can you please elaborate on above.
P. Venu (Advocate) 29 June 2024
Court fee varies from State to State
tejinder sethi 01 July 2024
In the course of suit filed, what happens if the defendant (my wife's mother) suddenly dies?
T. Kalaiselvan, Advocate (Advocate) 03 July 2024
If the defendant dies then her legal representatives will be impleaded as necessary parties to conduct the case in furtherance.
tejinder sethi 24 August 2024
For payment of court fees the property value will be calculated on market value or ready reckoner rates.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
