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Partition Suit
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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
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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
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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 : |
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a) |
Original agreement pertaining to the property |
b) |
Copy of legal notice sent, if any |
c) |
Postal receipts & acknowledgements, if any |
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6. |
Time required for filing case
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2 to 3 days, provided all the necessary documents are submitted |
7. |
Official Court fees for filing case
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As per Court Fee Act |
8. Law Firm Expenses (As per Fee Structure) |
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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 |
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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 |
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i) |
Original agreement/contract pertaining to the property |
ii) |
Copy of legal notice sent, if any |
iii) |
Postal receipts & acknowledgements, if any |
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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 |
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