Legal Question in Wills and Trusts in India
Challenge a partition
Sir's,
I'am form Karnataka
a) What is the time limit to challenge a family Partition or settlement Deed.
b) If I challenge a Partition or settlement Deed, would I need to pay court fee on the present market value of the property? if need to pay how will the court fee be calculated?
c) can the defendants ask me to pay the court fee first before proceeding with any suit I file for partition of family properties
3 Answers from Attorneys
Re: Challenge a partition
1)normaly 3 years.however if your are not a party to the document and your right in the property has become adverse to the interest to the of defendants then 12 years from the date it become hostile to your interest.
2)court fee payable depend on the relief you seek.if you are seeking paritition ignoring settlement deed, normaly less court fee payble for parition.If you are seeking declatory relief , you may have to pay court fee based on value, market value doesnot mean actual value in market. some court fees Act prescibeshow market value has to be reckoned..
3)court fee payble as per staute, defendent has no right to dictate. Seconldy if one has no means he can file petition to file as indigent.
Re: Challenge a partition
a. Three years.
b. You will be required to pay the
court fee first and the court fee
shall be on the basis of relief
sought by you.It shall be on
present market value.
c. No.It will be court you can ask
you to pay the requisite court
fee first.
In case of need contact with details.Professional charges are applicable.
Re: Challenge a partition
not sure of the time limit but it should be 3 years.
court fee would not be high however it depends on formation of the suit too.
defendants can object if u dint pay court fee. suit cannot go further without paying court fee.