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Partition of our Ancestral property which is 7 acres.
22-May-2023 (In Property Law)
We have a joined ancestral property of 11 shares. 1 party has mutated the property with out telling us. We suddenly found out. It is in lower court since 2011. Settlement also did not work. We want to go for partition suit in high court. 9 out of 11 parties will agree for participation. 2 will not agree. Can we file partition suit in high court ?
Filing a civil suit in high court would not be possible as the matter has already been filed before the lower court. Only the judgment can be challenged if aggrieved of. However you need to elaborate your concern to get appropriate advice from us. Please feel free to contact
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Sir/Ma'am,
What is the case which is pending before the Lower Court?
You can file a suit for partition provided the monetary value of the property qualifies to go High Court. In Delhi if the value of the property is over 2 crores then the case will go before High Court, if it is less, it will go to District Court.
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Adv. Sishmita Kumari
Delhi | 100+ Answers
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You cannot move to high court as your civil suit is already pending adjudication before the lower court. We can only challenge the lower court judgement in high court, in case it happens not to be in your favour. In order to get an extensive advice from us you need to elaborate the facts and circumstances of the case. Please feel free to Contact.
Thank you.
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Adv. Jia Kapur
Delhi | 200+ Answers
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