• Property dispute in family

Under family pressure my husband was forced to sign on aapsat vatni patra ( division of property paper) in 1992 which is unregistered 
 instead of my husband can i claim over my husbands share ????
property is ancestral , my in laws dead and the property is under younger brother in law hand 
now we are not financially capable to bare court stamp duty
soo what are the possibilities ????
Asked 10 months ago in Family Law from Hubli Dharwad, Karnataka
Religion: Hindu
If   your husband was forced or cheated on false promise to sign the family partition, then only he has a case to fight against this injustice meted out to him.
During the life time of your husband you cannot fight for him or represent him.  He only has to fight for his share, he can file a partition suit stating the earlier one got executed  was out of force and pressure which cannot be justified especially in the terms of the allotment so has approached court seeking proper partition and justice.
Court stamp duty is not a big amount, hence advise him to file a partition suit at least now 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
File a partition suit. 

The court fee is only Rs.100 rupees for filing in munsiff court If it file in Sub court the court fee is Rs. 300. The advocate professional fee etc.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Check your property is ancestral property or not? The Court fee for filing partition suit is 300 .In partition suit is there are two stages .
One is passing of Preliminary decree. In this stage the court will look whether the property is partable one or not? and the how much be shares allotted to each legal hairs.

Second stage is execution of preliminary decree  and writing of document in favour of person who paid the stamp fee. 

What is ancestral property ?
 Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

 What is not ancestral property ? 
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.

Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
As per section 35(2) the court fee stamp on partition suit is :
 In a suit for partition and separate possession of joint family property or property
owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee
shall be paid at the following rates:—
Rupees fifteen if the value of plaintiff’s share is Rs. 3,000 or less;
Rupees thirty if the value is above Rs. 3,000 but not more than Rs.
5,000.
Rupees one hundred if the value is above Rs. 5,000 but below Rs.
10,000 and Rupees two hundred if the value is Rs. 10,000 and above.
Therefore it is fixed court fee.  You have been wrongly informed by some greedy lawyer to this extent. Change the lawyer.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1. If there is an instrument of transfer of property signed by your husband then it binds him. It can be challenged only on the ground that he did not sign it with free consent. The burden to prove the absence of free consent will be stacked squarely on your husband. During the lifetime of your husband you do not have any right in the property, so it is he alone who can initiate the legal process.

2. The court fee will have to be paid.

3. The duration of the case will be subject to the workload of the court. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1) you cannot claim your husband share if he has relinquished his rights on the property 

2) partition  deed has to be duly stamped and regd to be admissible in evidence 

3)it is necessary to peruse document signed by your  husband to advice

4) your husband can after consultation with local lawyer file suit for partition to claim share in property 

5) court fees has to be paid to file suit for partition . 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1) stamp duty is state subject varies from state to state 

2) deed of partition has to be stamped and regd to be admissible in evidence 

3) litigation fees vary 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Hi, as per partition whether katha and revenue records has been transferred or not.

2. If the revenue records are not transferred then your husband can file a suit for partition before the court.

3. Suppose as per the partition revenue records has been transferred then   your children who is aged about 18-21 years, has to file a suit for partition before the court for their share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
your husband can only file the partition suit if alive, 

if he is no more then you or your children may file a partition suit before civil court.

court fee will be pay by the plaintiff and without the court fee the court will not entertain the case until and unless the parties are declare as pauper, being a women you may take help from District Legal service authority and get free legal aid from them and on behalf of you the State Govt. may deposit the court fee.

there is no lawyer fee if provided by District Legal Service Authority.
there is no time limit for these type of case, its take time more then years.   
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Under family pressure my husband was forced to sign on aapsat vatni patra ( division of property paper) in 1992 which is unregistered. Instead of my husband can i claim over my husbands share ????
=You cannot claim, But your husband can claim.  The aapsat vatni patra is not valid, as it is unregistered. So, you husband is entitled for his share of property irrespective of the unregistered deed. 

property is ancestral , my in laws dead and the property is under younger brother in law hand 
=You have not disclosed that on whose name the property was registered your mother in law or father in law. As you said that it is ancestral, I can understand that it was in the name of your father in law. 

now we are not financially capable to bare court stamp duty.
=The case of partition suit is pending. Your shares will be distributed in the suit itself at the time of Judgement. Then whenever you have money, you can transfer the share on your husband name by paying the stamp duty of your share amount. 

our ancestral property valuation is 50 crores whether we have to pay 10 percent of if as stamp duty ???? 
=No, one percent + registration charges is enough.  

if yes  is there any other way to avoid this expense ???
=No, do not look for avoiding the expense.  It is for your benefit only. Make some loan and arrange amounts. After the property registered on your name, sell some part of the land to third persons and discharge your loan amount. 

my brother in laws aren't ready to cooperate regarding the partition 
apart from advocate  fee what are the expected expense in the court ???
how long these cases usually prolong ???
==If your brother in law are not cooperating, your husband can file a separate partition suit.  Apart from advocate fee and court fee, you have to spend about 50 thousand until you get judgement. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0

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