You have to pay court fees as per market value of your share in property
2) you have to mention market value for payment of court fees in the suit filed by you
3) market value has to be assessed as per govt rate for property in your area
Filing partition suit
I wanted to file a partition suit against a settlement deed given by mother to my late brother's wilfe and children without even consulting me and she did mention to me before her death that she had to do it under cohersion. Since I have been kept in the dark so I decided to fight my rights legally. To that effect I am seeking a legal advice - Is it necessary to mention the market value for paying the court fee.If I assess the market value based on the govt. rate which is less and if the court awards the verdict in my favour, is it going to be the 1/4th share of the value I assessed or the actual prevailing market rate which is 10 times higher. I was told that I need to pay the stamp duty equivalent to the amount written in suit when my share is given. It means that I nowhere stand beneficial if i have to incur the legal fee filing the suit and winning the case and pay whatever I got in turn as stamp duty to the govt. What is the use of filing such suit then? Is it not possible for me to file it as a 1/4 of the portion from the undivided property without mentioning the assessment of the property value and pay the court fee accordingly. Please suggest.
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
1. if your mother is the owner of the proeprty she can give this to anyone she chooses and you have no objection in it.
2.Only because she did not consult you does not give you any legal right to challenge this deed.
3.if your mother is more then it would be very difficult t prove that she gave the property under coercion.
4.in the present circumstances I find little merit in the partition suit.
First of all ascertain that if your deceased mother had marketable title while transferring the property to your sister ion law's name by a registered settlement deed.
if she had marketable title, then you cannot contest or challenge the same nor your partition suit shall be maintainable.
Your mother need not take or permission or consent to dispose or transfer the property lying on her name.
If your mother had no rights in the enire property then you can file a partition suit for the share that your mother never had
In that case you may pay the court fee only to the extent of your share in the property and not for the entire property.
If your mother is the owner of the sole property then she can transfer her right to anyone in her life time. So no need not take or permission or consent from others .
If so, you can file partition suit and challenge the document under the ground coercion,undue influence and fraud. The partition suit has fixed court fee ,but the registration of property ,you had produce stamp paper as per market value. The cancellation of document you must pay the court fee as per market value
