I am a new member. Please help me.
1. We are going to divide our deceased father's property within the brothers, sisters and mother. Each one will be getting a share of about 20 Lakhs. As there is problem over the division, we have decided to leave it to the court and file the suit for the same. In Tamil Nadu, if the partition is made within the family members, the highest stamp duty payable is Rs.10,000. Is this applicable even if we do the partition through the court by the commissioner appointed? Some people say if the partition is done through court, the stamp duty is 4%. It will make it an enormous amount. So I am confused. We are five members claiming the division of the property and in this case is it enough if each one of us pay Rs. 10,000 as the stamp duty for the share of his property?
2. Whether the court only decide which portion should go to which person or can I ask for a particular portion myself? If I am the petitioner in the court for my share, will the court first offer me what portion I ask for(if it is reasonable) before allotting to others?
Thanks in Advance,
Suhaina Mazhar.
