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Brothers selling ancestral property by fake will what can I do
10-Jun-2023 (In Property Law)
I had an ancestral property and my brothers are using a fake will to sell it by showing that I don't have any part in the property. I will file a case in civil court against the will and for partition because lawyers are saying that both the cases will go side by side. For partition,I will file a suit on the assessment rate of the property,is it true that the opposition lawyer will raise a question that I have submitted the court fee according to assessment but I should submit the court fee according to circle rate.Is it true? If I failed to submit fee according circle rate then I will Lose?
The payment of court fee is a prerequisite before claiming any relief from the Court. The Court will first check if adequate Court fee has been paid by you or not. In the event the Court fee is found to be deficit, then the case will not proceed further, until you cure the deficiency. Therefore, you will not lose the case, but the case will not proceed. Court fee has to be deposited according to the market value which is calculated on various parameters, including but not limited to assessment. Without knowing the location, details of the property etc. and the documents in this connection, I am not in a position to advise you with respect to the calculation of the Court fee and the parameters therein.
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