Husband and wife purchased a flat in 2003 in joint ownership. Both of them paid funds from their own savings and a housing loan was taken in joint names also. Installments of housing loans were also paid by both of them, but wife paid more than 85% of installments, before leaving the flat.
At present husband is staying in the flat and wife on rent, husband is also getting the rent from two rooms of this flat which are rented out. There are no chances of amicable settlement of this property.
1. Can Wife file a partition suit with suits for permanent injuction and declaration OR only file a suit of partition and praying interim inunction.
2. I have seen answers of many experts in this forum, that in case of partition between co-owners, one co-owner in possession is considrered as possession of all co-owners, so party seeking partition is not liable for paying court fee, only Rs.100 or 200 as applicable.
3. How the value of property is taken, whether as per the last sale-Deed registered, or current circle rate value or current market rate value of the property.
4. How much time it takes for various stages in district court, for granting interim injuction, declaration and granting partition.
5. if the party seeking partition does not possess good health and spending on her medical treatment, can she file for exemption of court fee if it is all applicable.
Kindly give your valuable guidance,
