• Partition suit

If we are filing an application for rejection of partition suit under order 7 rule 11 is it necessary that we file written statement too.
Partition suit whether has to be filed in revenue court or civil court? (Jurisdiction)
What is the court fee in Karnataka for filing partition suit?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Hi, the Suit for partition has to be filed in a court where the property is situated.

2. For application for rejection of Plaint has to be filed along with Written Statement. Suppose, in the worst case if the application is dismissed then the Written Statement has to be filed with in 90 days form the date services of summons. So time to file written statement has to be barred under law.

3. The court fee payable for Partition suit is Rupees 200/-. Provided you have to plead that the Plaintiff and Defendants are Joint Possession of the Property. If the parties are not in Joint Possession then the market value of the property has to be paid as Court Fee.

Pradeep Bharathipura
Advocate, Bangalore
5394 Answers
310 Consultations

4.5 on 5.0

Yes written statement should be file from 30 days of receiving of summons. In case 7/11 get rejected and you have not filed WS in time court can close your right for WS.

Civil Court

As per Karnataka Court Fees and suit valuation Act( KCFSV Act) 35. Partition suits.- (1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff whose title to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share. (2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:— Rupees fifteen if the value of plaintiff’s share is Rs. 3,000 or less; Rupees thirty if the value is above Rs. 3,000 but not more than Rs. 5,000. Rupees one hundred if the value is above Rs. 5,000 but below Rs. 10,000 and Rupees two hundred if the value is Rs. 10,000 and above. (3) Where, in a suit falling under sub-section (1) or sub-section (2), a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession. (4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in section 38 separate fee shall be payable on the relief of cancellation in the manner specified in that section.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is filed in the civil court with payment of court fee as prescribed in the state that you may check. Normally it is 1.50% of the value of property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. To file a petition for rejection of plaint filing of WS is not at all necessary.

2. So without filing the WS you can very well file such petition under order 7 rule 11 of cpc.

3. Court fees is fixed and it is nominal.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) not necessary to file written statement when you have filed application for rejection of plaint

2) partition suit has to be filed in civil court

3) court fees is state subject and varies from state to state

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

This is response to you:

1. You can waive off the need to file written statement by mentioning in the application for rejection;

2. If the court does not allow then file written statement;

3. Partition suit will be filed in the civil court if in Mumbai;

4. The court fees can be found in the department of filing place.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. The civil procedure code is silent whether the limitation period to file written statement gets suspended when an application under 7/11 is pending

2. what you can do is to prepare your written statement and have it affirmed on a date before the date of expiry of limitation period for filing written statement

3. keep this affirmed written statement with you and do not file in court

4. in case your 7/11 is allowed and plaint is rejected, there will be no need of the written statement

5. in case your 7/11 is rejected and suit is revived, you can always show your affirmed written statement to the court and submit that it was not filed as the 7/11 application was pending, although out of caution you had kept it ready and affirmed

6. when you file a W/s when a 7/11 application is pending or 9A application is pending, then it is like submitting to the jurisdiction of the court which in the first place does not have the jurisdiction to try the suit since the same may be barred by limitation, for instance

7. Partition suit is to be filed in civil court

8. the court fee payable will be calculated on the share claimed by the plaintiff in the property. Eg. if the plaintiff claims 50% share and separate possession, then he will have to calculate court fees on the market value of the 50% share in the property that he claims

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Firslty, the suit for partition is to be filed in the civil court before the appropriate judge on the basis of precuniary jurosdiction.

Secondly, court fees would be in accordance of the property price.

Thirdly, yes once you have moved an application then other party would file written statement to it, and you would be filing rejoinder to that written statement.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

No,

depends on nature of land/property, if agricultural than in Revenue court.

If property is in active possession than nominal court fees around 200 Rs. otherwise acc. to market value of sahre.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is not necessary that you have to file a written statement also if you are filing the petition under order VII rule 11.

Partition suit can be filed in the civil court.

The court fee is a state subject you may enquire about it in the local

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Filing of written statement along with 7 11 application is not required, but the limitation period filing written statement is 90 days. In case the limitation period of 90 days is about to expire and your 7 11 application has not been allowed, then it is advisable that you file your WS so as to avoid any delay or closure of rights to file WS.

Court fees for filing partition can be ascertain by local lawyer as they are subject to state amendments.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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