can widow file case at the location of her residence rather property

I am a widow, and a single mother of one son. My husband passed away 15 years ago and the property in his name was promised to be given to my son who is the legal heir. the property includes land, a shop and saving in the bank account. Recently, my father-in-law passed away and the property which I and my son should inherit was acquired by my sister-in-laws and mother-in-law. the immovable property as well as the savings made by my father-in-law for my son were acquired.. kindly tell me a legal remedy for getting back my legally inherited property. Also, can i file a suit in the jurisdiction of my residence instead of the jurisdiction where the property is located? Can I get an exemption for the stamp duty on the immovable property and the legal court fees being a single mother and widow?

Answers (3)

203 votes

As legal heir you have right over the property. For that you need to file the suit in local court where the property is located and also need to pay the required stamp charges as proportionate to the current value of the property.

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137 votes

You have to file suit for partition on the basis of oral partition in between you, your deceased father in law, mother in law and for injunction where property is located
You can not seek exemption from stamp duty as dispute is not metrominiol one

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119 votes

You will have to file a civil suit for claiming your share in the property also, you will have to file that suit in the civil court having competent jurisdiction over the are where property is situated.
we have judgments covering different facets of property disputes such as suits for specific performance, summary suits, claims to the Motor Accident Tribunal, claims seeking compensation for mental torture and probate petition and application for succession certificate, which have all held women litigants to be exempt from Court fees. All these judgments and orders have been given during this intervening period and have remained and are being followed in different courts. section 46 of the Bombay Court Fees Act, 1959 (Bom, XXXVI of 1959), empowers the State Government by notification in the Official Gazette to reduce or to permit any of the fees mentioned in the First and Second Schedules to that Act.

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