• Partition Suit

We have a very old house and land with rubber plantations in Kerala and from traditional Christian family. 
We are in process to partition above property using partition suit. We are advised this process take 4 to 5 years if there is no other complications. We are told that 10% of property fair value needs to be paid to court by person who initiated partition suit. Is this information correct? Is this cost (10% property value) not equally divided among all the beneficiary of property partition? 
What are the steps in partition suit? Some of us are abroad and are we expected to be present during official procedures? 
When do we have to pay 10% cost to court during this process? Should the party who initiated the partition suit pay 10% minimum value of the entire property as court fees?
How will the house and surrounding expensive trees split among the beneficiary of partition? Is it value based or any other criteria used by court?
Asked 2 years ago in Property Law
Religion: Christian

7 answers received in 1 day.

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9 Answers

1. If there's no dispute/litigation over the property and the parties to the partition deed hold the ownership over the property, a partition deed can be registered in the jurisdictional Sub Registrar's Office, within one week.

2.  There's no need to pay any money to the Court for executing a registered partition deed. All the parties to the partition deed have to pay corresponding stamp duty and registration charges to the District/Sub Registrar of the jurisdiction based on guidance/circle value. In Karnataka it's about 5% of the value of the property. The amount of stamp duty, registration, miscellaneous expenses have to be borne equally by all the signatories to the partition deed.

3.   Whoever can't attend the formalities for registration of the partition deed can authorise someone in India (preferably a blood relative) through registered Power of Attorney, who will execute the partition deed on his behalf in the jurisdictional Sub Registrar's Office.

4.    First partition deed has to be prepared and based on the prevailing stamp duty and registration charges in Kerala, stamp papers/DD have to be obtained and get the partition deed registered by the parties in their individual names.

5.    Regarding movable and immovable items, such as standing trees, old house, etc., all the parties have to come to an understanding amicably and the same thing can be incorporated in the partition deed. It's value based.

6.   It's not the party who initiated for registering partition deed has to pay.  The stamp duty, registration and miscellaneous expenses have to be borne equally by all the stakeholders.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You have to pay court fees for filing partition suit 

 

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

 

3) you can execute POA in favour of family member for attending court on your behalf 

 

4) court would other division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

In partition suit, the plaintiff has to pay court fee in terms of value of share of the plaintiff in property. The court fee should not be 10% as told to you. The court fee is paid to the government treasury, and it is not paid to court. There are other ways to carry partition which are equally effective and cost effective also avoiding payment of court fee. In Civil case like in partition suit there is no requirement of parties to be present in court. Parties may appoint their special attorney with instruction. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Instead of filing a suit for partition, since all the shareholders are agreeing for partitioning the property among yourselves, you may all arrive at a consensus on a mutually agreed terms and conditions to divide the property among yourselves accordingly.

In that case you will need to pay only stamp duty and the process can be completed within a very short period of everyone cooperates 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

- If you all legal heirs /claimant are ready to partition the property , then you all can enter into a registered Partition or Family Settlement deed after narrating the shares and other conditions agreed by you all . 

- Further, if they are not ready for the settlement , then you can send a legal notice to them for the partition of the property equally 

- Further, if there is no response from them, then you can file a Partition suit before the Court in the jurisdiction where the property is based. 

- Further , if any of the property is in use and occupation & possession of you at the time of filing the suit then you can be exempted from filing the court fees at the time of filing the suit for partition , and you may ask for pay a nominal amount only. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If all the parties are agreeable to the partition then no need to file any suit 

A partition suit is filed only when partition is demanded by one co owner and refused by other co owners 

A partition deed would serve the purpose 

Those parties who are abroad can sign the deed through a poa 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Not this much fees.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

In Kerala, the partition of property is governed by the Kerala Partition Act, 1963. The Act allows for the division of property among co-owners through a partition suit filed in court. The process typically involves the following steps:

 

Filing the partition suit: The person initiating the partition suit, known as the plaintiff, files a petition in the appropriate court stating their claim for partition and the details of the property involved.

 

Court fees: The court fees for filing a partition suit are usually calculated based on the value of the property involved. The exact percentage or amount of the court fees can vary, and it's advisable to consult with a lawyer or refer to the court rules for accurate information regarding the applicable fees in your case.

 

Notice and response: After the partition suit is filed, the court issues notices to all the parties involved, including the co-owners. The other parties, known as defendants, have an opportunity to respond to the petition and present their claims.

 

Evidence and arguments: The court may conduct hearings and allow the parties to present evidence and arguments to support their claims and interests in the property.

 

Decree of partition: Based on the evidence and legal provisions, the court will decide on the division of the property. The court may order a physical division of the property, where each co-owner receives a specific portion, or a sale of the property and division of proceeds among the co-owners.

 

Regarding the payment of court fees, it's best to consult with a lawyer who can provide accurate information based on the specifics of your case and the laws applicable in Kerala. Typically, the party initiating the partition suit may be responsible for paying the court fees initially. However, the court may consider the apportionment of costs among the co-owners while deciding the final division of the property.

 

The division of the house and other assets, such as rubber plantations, can be determined by the court based on various factors, including the value of the property, the individual shares of the co-owners, and the applicable laws. The court will aim to achieve an equitable distribution of the property among the co-owners.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Yes it’s value based

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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