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rama (ssss)     26 January 2013

Prroperty suit in case of partnership deed

Dear All,

Request to that i want opinion on this query.

In 1984 my father and his co-brother has started the rice mill business. My mothers sister husband

and have taken loan on partnership also and there is partnership deed excuted on 1984. and in 2000 they have stopped doing business..

My Father has given the written the entire propery on my name in 2002 as i am heirs..he has given it as gift deed and it is registered leaglly in sub registare office

and my father expired on 2004.  now my uncle..My fathers co-brother has sent a lawyer notice that..he has right over the property showing some duplicate /xerox papers which are of partnership deed and he says it is joint property and also they are not registered they are 1992 papers which is a xerox or duplicate papers..and he has agreed infront of all people that he do not have original for those papers and it not registered and it has half of  property..

 

now actually i sold out half of the propery to others after that he has issued the lawyer notice to me my mother and who buyed the property stating he has right over the property.

My questions are

 

1. Can he file case in the court  with that duplicate papers..our lawyer is saying court will accept the case  initially

2.what are the court fees he has to pay for putting the case the goverment valuations of the property is 2crores and half means 1 crore..how much money he has to pay to the court percentage.

3. For one crore property can he file the suit in local court..or he has to go to distict court

4. My lawyer is saying that he will manage the sun-registar and lower the valution of the property and he will file the case.

5. In case of that can we challenge him that he has manipulated the valuation...and

6. how long it will take to resolve the case

7. he is unneccasrly giving so many lawyer noctices..and trying to threten me and my mother.

 

Please answer the my questions..

 

 



Learning

 9 Replies

Advocate Vishnu (Advocate)     26 January 2013

Was the property bought on your father's name or on the partnership's name...?

Once the business is stoped, it amounts to dissolution of partnership. Do you have any documents to that effect...?

rama (ssss)     26 January 2013

Thanks for your reply

The property is brought  by my father and registered on my fathers name in 1983.

 

But there is no dissolution of the partnership...my father has stopped all the business as he is unwell.

But after my father will deed i got all my licences on my name of the business..and there is also Municipal commisner order that the property is all shifted on my name

 

Request to reply my questions in the above.

Thanks in advance

Advocate Vishnu (Advocate)     26 January 2013

Since it is your father's self acquired property, and he has made a settlement in your favour, you become its absolute owner. your uncle has no say in your property. My guess , is that he is issuing legal notices to threaten you and your mother.There is nothing to worry.  Why is your lawyer saying , he will file a case. I feel , you are being misled here. 

rama (ssss)     27 January 2013

Thanks for yor reply Vishnu,

My Lawer is saying that my uncle can contest in the court. but he will reply my uncles lawyers notice as forged document.

 

Can he file case in the court  with that duplicate papers..our lawyer is saying court will accept the case  initially

2.what are the court fees he has to pay for putting the case the goverment valuations of the property is 2crores and half means 1 crore..how much money he has to pay to the court percentage.

3. For one crore property can he file the suit in local court..or he has to go to distict court

4. My lawyer is saying that he will manage the sun-registar and lower the valution of the property and he will file the case.

5. In case of that can we challenge him that he has manipulated the valuation...and

6. how long it will take to resolve the case

7. he is unneccasrly giving so many lawyer noctices..and trying to threten me and my mother.

 Can you kindly reply my questions

Advocate Vishnu (Advocate)     27 January 2013

1. You need not reply to such frivolous legal notices and waste your money and time. If he send a summons from the court, then you must challenge him court.

2. yes he can file a case and the court will accept the case initially.

3. It would be half the market value of the property. However, non payment of court fee is only a defence and the court may not consider it initially.

4. your statement is not clear

5. This will be your defence

6. Depends on your lawyer.

7. There is nothing to worry with regard to legal notices.

8. The suit must be files in a district court as the property valuation is high.

rama (ssss)     27 January 2013

Very thanks for reply on those questions.

Point no 3.  WIll the court consider the Market value of the property or will it consider the Government rate of the property for valuation.(from the Sub registar office gov office that registers the property)

Because the market value is less than the Government rate for that property. because as it commercial property.

 

Point no 4.  We have information that they are taken the property valuation certificate by lessing the value . and they want to mislead the court..is it possible to do. In that case can we challenge it with proffs that they have decived the court

 

Advocate Vishnu (Advocate)     27 January 2013

3. the court will consider the valuation certificate issued by the sub registrar.

4. you can take that as a defence, but in order to do that, you must obtain another valuation certificate from the very same sub registrar's office.

rama (ssss)     27 January 2013

Thanks  Vishnu very much for your reply!!!

Small information also need.

1.How much percentage the court will ask to pay intially for the valuation of property for my uncle case.

2. and will the court will ask my uncle to pay the money before taking the money. or with out asking the money willl the court take the case and give some time to pay the money

 

This information i am asking because my uncle is stringent about money he will not spend any money...he will do theose all things where money is not involvoved

Thanks in Advance

 

Advocate Vishnu (Advocate)     27 January 2013

1. It depends on your uncle's advocate. He might may a notional value initially to file the case or might pay the required court fee charges. Since it is valued at a crore, he might have to shell out a few lakhs as court fee.

2. The court can initiate proceedings without asking for the payment of court fee.Orelse your advocate will have to bring up that matter and the presiding officer will give his decision.


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