Partition suit: In case the co-owners are not agreeable to a partition of the property and only one or more of the co-owners want the partition, the mode of partition is a bit different.
General matters relating to partition suit. The co-owners of the property can partition it by metes and bounds.
No valuation of the suit was given for the relief of possession though in the prayer clause despite seeking partition, possession of respective determined share was also claimed.
monika - April 12, 2019.
"18. Partition under Hindu Law. On hearing learned counsels and scrutinising the documents on record, the trial court, by its judgment and decree dated 11th January 2016, while answering all the issues in the affirmative, partly decreed the suit, holding that the plaintiffs are entitled for partition and separate possession of 9/216th share each in schedule 'A' and 'B' properties; the defendant Nos. Asked 6 years ago in Property Law from Pathanamthitta, Kerala. Roughly, how long will it take for the final judgement ? That’s why partition suit draft is provided here. Partition is a division of property among those who are entitled to the same. In partition suit all persons entitled to shares shall join as parties. 1.
In such a case, a partition suit is required to be filed before the appropriate court of law. Plaintiffs were in the knowledge of the fact at the time of filing suit that sale of the suit property had already taken place in favour of defendant no. 3. 2. The Punjab partition of immovable property act of 2012 governs the suit of possession through partition. In a partition suit, a court is required to define the shares of the parties, identify the joint properties which are to be partitioned, allocate properties to parties as per their respective shares and put the parties in possession of properties allocated to them. Image source: https://bit.ly/2Iuam9c . Introduction. In a suit for partition, at the first stage the court must decide whether the plaintiff has a share in the suit property and is entitled to a division and separate possession.
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In a suit for partition and separate possession or 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 : When the plaint is presented to-(i) a District Munsifs Court- Rupees fifty. to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share. Under what circumstances we file this suit ?
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