I need legal advice regarding a property matter involving land purchased by my grandfather in 1973 in Ghaziabad, Uttar Pradesh. The land measures 301 square meters, and my grandfather passed away in 1972. Subsequently, my father and his elder brother transferred ownership of the land to themselves jointly. Unfortunately, my father passed away in 2019, followed by my grandmother in 2022. Given the current circumstances, where the land's circle rate is Rs 46,000 per square meter, my mother and I have faced issues with my father's brother, who also holds ownership. We have been living on a smaller portion of the land and have experienced harassment due to his disruptive behavior, including drinking and verbal abuse towards our guests. In February 2022, my mother and I initiated a civil suit seeking an injunction against my father's brother to address our grievances. Our lawyer advised us to pursue a stay order (Injunction) instead of a partition suit, citing the substantial court fees associated with the latter. We followed this advice and obtained a summon issued to my uncle in December 2022. Since then, he has been attending court hearings but merely signs the attendance sheet and departs. Similarly, we also sign the attendance sheet during these hearings, with the case being adjourned to subsequent dates. My concern now is centered around the fact that the ongoing case is not focused on partition, and I am contemplating the possibility of filing a partition case. My primary questions are as follows: 1. If I decide to file a partition case, what would be the most efficient method to calculate the court fees while minimizing the financial burden as much as possible? 2. Given the current circumstances and the existing legal proceedings, what would be the recommended approach to handle this situation effectively and reach a resolution? 3. Should i expedite the case to high court. Your professional advice in addressing these queries would be greatly appreciated. Thank you.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) file suit for partition for division of property by metes and bounds
2) seek injunction restraining uncle from selling his undivided share in property
3)court fees is state subject and varies from state to state
4) you have to pay court fees on your share in property
The valuation is standard by the court on value of property
The course of action as given by you is not correct. Mere injunction without subsequent consequential relief is not maintainable and shall be dismissed for lacking consequential relief. You have no option but to file suit for partition if you want your right and share in the property. Court fee shall be calculated on the basis of market value of the property. Suit should be filed in district court and it is only district court who has the jurisdiction in the matter.
1. You have filed just an injunction suit alone without seeking the relief of partition.
Even now you can withdraw this suit by filing a petition under order 23 cpc and file a fresh suit with the leave of the court for partition and injunction together.
2. The court fee payable differs from one state to another, hence the court fee payable to your share in the property may be enquired locally.
Dear Client,
Court fees for a partition suit are typically calculated based on the market value of the property. In your case, where the circle rate is Rs 46,000 per square meter, you might need to calculate the total market value of the land (301 sq meters multiplied by Rs 46,000). The court fees would be a percentage of this market value, which can vary depending on the jurisdiction and local fee structure/stamp duty.
Given the family nature of the dispute, consider exploring mediation or settlement options. Sometimes, reaching a mutually agreeable solution through mediation can be less time-consuming and costly than going through a lengthy court process. However, this will depend on the willingness of all parties involved to engage in such discussions.
1. If you are residing in the said property or if any portion of that property is in use and possession of you, then a nominal court fees of Rs.1000 to 2000 Will be paid at the time of filing the suit for partition before the court
- Further, if the order passed in your favor , then remaining court fees should be paid by you for the portion which you will get
2. Suit for Injunction is only for restraining him from selling the property and nothing more , hence you can withdraw that suit from the court with the condition of re-filing a fresh suit
3. Depends upon the value of the property
