Partition suit by my wife against brothers . Claimed share in two houses ,one agriculture land, rendition of accounts in two partnership firms,share in Pvt Ltd family owned company,and share in one house purchased in name of mother by her late father. Reply received one house though in his name but acquired by income of firm,second house in name ofbrother, share in partnership firms can not be claimed in partition suit, Pvt Ltd company not doing any business now ,house in name of mother acquired by income of mother . Agriculture land too though in his name but acquired by income of firm.Fact is first house was purchased by him with his income, second house too in his name as per Jaipur municipal corporation house tax website,
No house or agriculture land shown in balance sheet of firm available with us ,firm dissolved on death but continuing with same Name as per new deed entered by surviving partners inspite of no such provision in previous partnership deed. Also submitted rejection petition on ground of fixed court fee paid but without claiming outser or exclusion from properties. Basically telling no self acquired properties. As per me settled law is each co owner is presumed to be in possession of property even if he is not in possession. How to go further in this case.
Asked 4 years ago in Family Law
From Saroj vs capt Sanjeev Singh and UMA Ghate vs Umesh phalper case Delhi High court it appears if plaintiff claims partition as co-owner then fixed court fees is to be paid and petition can not be rejected on ground of non payment of court fees on market value. These decisions say this is settled issue in law. Please advise.
Asked 4 years ago