• Civil suit for partition of property

My father had a property on which there was bank loan of 25 lacs was pending. My father died in 2018 and my brother died in 2015. After my fathers death; my sister in law, my brothers son and myself are the surviving members to my fathers property. My sister in law along with my brothers son filed a suit demanding her share as 2/3rd in the said property and refused to pay the liability of loan. To save auction of property i paid entire pending loan amount to bank. Later she remarried after few months of filing the suit. In the suit she has mentioned the property value as 80lacs and joint share of her and son as 53.33 lacs(2/3rd of value). the matter is in lower court. The actual value of property is much more but to save on the court fees and filing the case in High Court, she has filed the same in lower court.
My question is" CAN SHE NOW CHANGE THE VALUE MENTIONED IN THE SUIT AND HOW WILL THE COURT CONSIDER THE VALUE OF PROPERTY AS SUBMITTED VALUE OF 80LACS OR THE PREVAILING MARKET PRICE"
Asked 11 hours ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

 

1) For a partition suit involving immovable property, the valuation must ideally reflect the prevailing market price or the government circle rate (ready reckoner rate) at the time the suit was instituted.

2)  plaintiff initially has the freedom to estimate the value of the relief, the court has explicit powers to investigate if the property is demonstratively undervalued or arbitrarily valued to evade court fees or manipulate jurisdiction.

 

3)  You have the right to file an objection (by filing an application under Order VII Rule 11 stating that the property is grossly undervalued. The court will then order an inquiry, look at the circle rates/market value, and determine the exact correct valuation

 

4) your sister in law has to file amendment application under order Vi rule 17 explaining why the valuation needs to be changed 

 

Ajay Sethi
Advocate, Mumbai
100481 Answers
8216 Consultations

Whatever value of the suit property mentioned at the time of of instituting the suit will continue till it is disposed unless the defendant challenges the same during trial seeking dismissal for undervaluing the property and paid less court fee.

But the responsibility to prove the higher value of the suit property with the support of substantial documentary evidences will lie on the person disputing it.

T Kalaiselvan
Advocate, Vellore
90685 Answers
2523 Consultations

Yes she can change and pay the deficit court fees. You can also point out the same. The court will value the property and later ask her to pay the same. The valuation depends on the ready reckoner rate and not the market rate 

Prashant Nayak
Advocate, Mumbai
35025 Answers
256 Consultations

Under Section 7(4)(b) read with Art. 17, Sch. II, a plaintiff in suit for partition  of ancestral property is required to pay fixed Court fee and not ad volrum Court fee, Market value of property in a suit for partition  is not relevant.

Ravi Shinde
Advocate, Hyderabad
5135 Answers
42 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer