Partition suit has to be filed where property is situated
it cannot be filed in Jaipur merely because you are residing in Jaipur
Jurisdiction of court
I am the only son and having five sisters.My sisters cornered my mother after death of father.My mother become owner of self acquired property of father through will. My mother sold that property.Now after death of mother in year 2018 I want my sharefrom the movable property of mother. My mother died in Kota but due to distance I cannot do partition suite from Kota.I am a senior citizen and cannot move frequently to Kota. I leave in Jaipur. My question is that can I do partition suite from court at Jaipur. Pl.advice and give me details of court decision/ruling of similar cases. Thanking You
Asked 3 years ago in Property Law
Religion: Hindu
17 Answers
A case case can only be filed where the property is located. In extraordinary circumstances a case may be transferred. You may appoint someone to represent you as you are a senior citizen.
Under Section 19 of Civil Procedure Code, 1908 in case of suits relating to movable property if the wrong to a person is done in the jurisdiction of one court and the person doing wrong resides in the jurisdiction of another Court suit can be filed at the option of plaintiff in any one of the Court. You can file a suit for movable property in Jaipur provided the wrong is caused in Jaipur. Place of death of person will not determine the jurisdiction of court.
In any part of property lies in jaipur, suit can file in jaipur.
- Since, your mother become the owner of your fathers property by way of WILL , then it become her self acquired property , and she was having her right to sell the said property .
- If your mother already sold that property during her life time , then none having right over the same.
- However , if she left any property intestate , then all the legal heirs can claim right over the same equally.
- Further, you can file Partition suit in the jurisdiction , where the property is located.
1. If the property is situated at Kota then you shall have to file the Suit at Kota.
2. The jurisdiction of the Court will not change for your being the Senior Citizen.
You may have to file the partition suit only where the property lies or is located..
Your age or ailments cannot be considered in law to permit you to file suit at the place of your convenience.
1. Partition suit can be filed only where any of the properties are situated.
2. Partition suit is well settled law for which no citation is required.
Under Section 19 of Civil Procedure Code, 1908 in case of suits relating to movable property : There are five sisters doing wrong to me by not giving my share from movable property of my mother. The sisters are residing at different places in Rajasthan other than Jaipur.I reside in Jaipur.Whether the wrong doing to my self will be considered as wrong to me is done in the jurisdiction of Jaipur court.I had also given them legal notice through my Advocate from Jaipur in Jan.2020 one year back but they did not reply.
Asked 3 years ago
Yes you may file a suit in jaipur.
Yes Sir, your jurisdiction is the place of your residence. The wrong in respect of movables is at the place of plaintiff/party entitled to file suit. Further, as the defendants/sisters reside at different places you have choice to select any place as jurisdiction either their place of residence or yours. You can very much select Jaipur. Even the contents of notice issued has role to play in determination of jurisdiction.
You can file a recovery suit to recover your money based on the legal notice you have issued from your place of residence demanding your share in the money that belonged to your deceased mother who is reported to have died intestate.
You should state that all the five sisters residing at different places have distributed the money among themselves hence you also are eligible and entitled to a legitimate share out of the monies that belonged to your deceased mother and since you are based out of Jaipur, you can plead the cause of action arose in your current place of residence and not in the various places where the money was distributed among your siblings.
It depends on how you interpret law and convince court about bringing the territorial jurisdiction to your place to institute this money recovery suit.
You may discuss with your advocate on all points and file the proposed suit in your place of residence.
There is no bar to issue of legal notice from any where in India
but partition suit has to be filed where property is situated
Under this territorial or local jurisdiction, the geographical limits of a court’s authority are delineated and specified, and it cannot exercise authority beyond that geographical/ territorial limit.
- As in Criminal cases , if a crime is committed in Rajasthan , only the courts of law within the borders of Rajasthan can hear and decide the case.
- Further, as per the Section 16 of the CPC , the territorial jurisdiction will be on the grounds of the location of the immovable property.
- Hence, you can file the civil case only in the area where the property is based , and not from your residential address , and legal notice can be send from any place.
Dear Sir/ Madam
You can only file a partition suit from a place where the property is located. You can send a legal notice from your residential address but the territorial jurisdiction will be based on the location of your property.
Hello Sir,
I have gone through the contents of your query, I would like to advise you that as you have mentioned the execution of Will by your father in favour of your mother and after the death of your father your mother has sold the immovable property in question. Do you have knowledge about the things of moveable property stand in your mother name? Please explain. It is further brought to your notice that please check, whether any FDR, LIC, or shares and debenture, Gold and silver jewellery lying at home or in a locker in the name of your mother. If you get a satisfactory reply from your end with proof of evidence then you can approach the Concern Court wherein the things are lying or in possession of a person.
G.L.Soni
Advocate
[deleted]
You can proceed with your legal steps if required like filing of any proceedings in the said matter
1. The Suit will be under the jurisdiction of Jaipur Court.
2. Your mother had sold the property standing in her name and thereafter you shall be one of the legal heirs of her moveable and immoveable properties.
3. File an application for the Succession Certificate in connection with her moveable properties like FDs etc. & obtain legal heirs certificate first to file partition suit claiming your share in her immoveable properties like house, land etc.