We had farm land (ancestral property), in the name of my father and uncle. Later we converted it in to NA land/ plots. Now each plot 7/12 having name of my father and uncle on it. Now when my father asked to our uncle to partition/ divide equally plots among them, my uncle refuses to do so. 1) can "me" or "my father" file partion suite against my "uncle" in court? 2) Residential NA plots can be considered as ancestral property? 3)if yes, is there court fee concetion/ exception for ancestral property suite? 4) what will be court fee, if all plots valuation is around 10 crores? 5) if I file suite rather than my father, will it make any difference? Will it change court fee?
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1)father can file suit for partition of land
2) property which has remained undivided for 4 generations is ancestral property
3) NA plots would also fall within ancestral property if it has remained undivided for 4 generations
4) your father has to pay court fees on market value of his share in land
5) court fees would be around Rs 3 lakhs
1.Yes, you can file.
2. Yes if it is otherwise ancestral.
3. Check court fees from local court as it varies in every state.
4. Same as above.
5. No,it will not make any difference nor court fees would see any change.
1. Your father can file a partition suit agaisnt his siblings.
2. Now the ancestral nature of the property is not there.
3. There is no separate court fee for partitioning ancestral properties or any other type of jointly held properties.
4. The court fee is local state government subject, you may clarify the same locally,.
5. You are not eligible for filing partition suit, your father can file it. There is no difference in court fee whoever files the suit.
