|
|
Partition Suit
|
| |
INTRODUCTION : The necessity for filing a partition suit arises when an individual family member wants his share of the ancestral property to be allotted to him through court.
| PARTITION SUIT |
| 1. |
Name of Act/ Code / Rule
|
Under section 26 R/W Order VII Rule 1 of Code of Civil Procedure, 1908 |
| 2. |
Name of service required (MAIN RELIEF) |
Partition of the properties |
| 3. |
Limitation
|
when the right to sue first accrues (As per sec Article 58 of Indian Limitation Act |
| 4. |
Description of Service |
To get partition of the properties mentioned in the suit schedule. |
| 5. Documents required for the case : |
| |
| a) |
Original agreement pertaining to the property |
| b) |
Copy of legal notice sent, if any |
| c) |
Postal receipts & acknowledgements, if any |
|
| 6. |
Time required for filing case
|
2 to 3 days, provided all the necessary documents are submitted |
| 7. |
Official Court fees for filing case
|
As per Court Fee Act |
| 8. Law Firm Expenses (As per Fee Structure) |
| |
| a) |
Charges for legal notice : |
Rs.2,500 & above |
| b) |
Expenses for filing the case |
To be borne by client |
| c) |
Miscellaneous expenses for filing case |
To be borne by client |
|
| 9. Interim Reliefs Available |
| Temporary Injunction |
| a. |
Name of Act / Procedure / Rule |
Order 39 Rule 1 & 2 of Code Of Civil Procedure |
| b. |
Nature of the Case |
Civil |
| c. |
Name of the Service |
Temporary Injunction |
| d. |
Description of Service |
To get a temporary injunction order against other side restraining them from selling the property in dispute to others, etc . . . |
| e. |
Documents required |
| |
| i) |
Original agreement/contract pertaining to the property |
| ii) |
Copy of legal notice sent, if any |
| iii) |
Postal receipts & acknowledgements, if any |
|
| f. |
Law Firm Expenses : |
Depends on the case |
| g. |
Expenses for filing the case |
To be borne by Client |
| h. |
Miscellaneous expenses for filing case |
To be borne by Client |
|
| |
| |
|
|
