Property Dispute between Brother & sisters.

Property disputes between siblings are a common occurrence in India these days. Legal disputes over property take place across people at different levels in the society, be it households with low-income or wealthy families.
 

How long does it take to resolve a property case?

It is highly impossible to state as to how much time it will take for a property issue to be resolved. The life span of a property dispute depends upon the facts and circumstances of the cases. For example, if a petition has been filed in the High Court then on the first day of hearing the court will have to decide if the case is fit to be admitted or not. If the case is found to be admissible then the court may issue notices to the respondents and will ask them to submit counter-affidavits which takes around two to six months and thereafter the petitioner will have to file a rejoinder to the counter-affidavits. Once this process is finished, the case will be listed for final hearing.

However, if a party to the case dies during the pendency of the case, a substitution application will have to be filed to substitute the old party by his legal heirs. This process will take some more time. Other situations, such as unnecessary adjournment by the counsels, strikes, and extra large numbers of pending cases in the court can also add up to the life span of a property case. Thus, an exact period for a property dispute to be resolved cannot be calculated.
 

Court Fee to file a property case

The Court fee to be paid in a partition suit depends upon various factors, such as the value of your share in the property. If more than one person is filing a partition suit, the court fees will have to be paid based on the market value of their share in the property, separately. Court fee is also a state subject, meaning thereby, the court fee differs from state to state. It is recommended to consult a local lawyer for this purpose.
 

Share in the rent received over the property

A claim over the rent received on the property can be made, however, the court will only allow your claim over the rent once your right over the property or any part of the property on which rent has been received by your brother has been proved before the court.