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


Asked on 11/26/07, 4:02 am

3 Answers from Attorneys

muhamed mustaque mk associates

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.

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Answered on 11/26/07, 4:22 am

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.

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Answered on 11/26/07, 10:54 am
G. M. Gupta gmguptaandassociates

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.

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Answered on 11/26/07, 12:29 pm


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