• Jurisdiction of civil case

The disputed property is located in Tirunelveli district. Can the civil case be filed in Chennai because we reside in Chennai?
Asked 7 years ago in Civil Law

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15 Answers

The case can only be filed at the place where the property is situated and not at your place of residence. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You have to file suit where the property is situated and not where you are residing 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Sir in case of immvobale property it has to be filed at place where the property is situated you cannot file it in Chennai.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

Civil case related to property matter has to be filed only in the district court where the property is situated. In your it has to be in the district court of Tirunelveli.

 

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

No

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It would not be transferred . Personal presence is not necessary in civil cases 

 

it is sufficient if represented by lawyer . Presence is necessary only during trial 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

See you can file an petition before high court if same state high court can transfer further on ground of senior citizen you can expedite the matter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

The answer to your follow up question is "No". Normally, in civil cases, presence of Petitioner is not require, except on specific hearing, it can be handled by the Lawyer. Contact a good local lawyer and follow the procedure online as all the district court matters are uploaded online. 

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

Dear Client,

Case will file where property situated.

Trasfer permitted from one civil court to another in same district, not outisde.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can file case where property is situated or where the defendant resides or works

Yusuf Rampurawala
Advocate, Mumbai
7922 Answers
79 Consultations

नो.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1) where to dispute of property belongs in the same city  you should file the Civil CAse in that court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

there is hierarchy of courts, which means one has to first approach the lower courts for remedy. You have to file suit in jurisdiction court only. 

You can file a lawsuit directly in the High Court but you will have to check the value of pecuniary jurisdiction in case of each high court. For example in Chennai if the suit property has a value of more than Rs.2 crores, then the suit will be filed directly in the High Court.

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

The civil suit in respect  of property dispute can be filed before the Court where the property is situated and not in other places.  Being a senior  citizen you can seek the Court to dispose the case at earliest and the Court will consider  the same.  

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

Being a senior citizen may not be a good reason, if your mobility is otherwise good. Likewise, undergoing medical treatment may also be not a good enough reason, if the ailment is not so serious. 

Swaminathan Neelakantan
Advocate, Coimbatore
3079 Answers
20 Consultations

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