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Who is responsible for paying the court fees in a partition suit


19-Apr-2023 (In Property Law)
Hi ths is regrdng property of my younger mamaji who expired 2 yrs bck in road accident & couldn't make his will. I, my sister & my mom were staying with him since last 36 years as my father had expired so my grandfather got us over here. Now after my mamaji expired, my elder mama is not so keen to share property value with his rest 9 sisters. He has put some of his conditions to sign mou that are first locker of my deceased mamaji needs to be opened first by having successor certificate as there is no nominee in it then only after that he would agree to sign MOU & his third condition is tht my deceased mama property basement sud be sold to him only & not to any other third party. So out of my mother 8 sisters, 4 sisters including my mother hv decided to file case against my mamaji who not signing mou. But my mausaji says tht case sud be filed by my mom only as she staying here instead by all as doesn't hv to pay court fee otherwise if they file they hv to pay. Is it true? pls suggest.
Answers (1)

Answer #1
938 votes
The party seeking partition will bear the court fee. Let your mother file and implead all sisters as respondents.

See all sisters will have the same story i.e they are entitled to share in your grandfather's property...but your mother is the only sister staying in suit property.

So file a suit and pay the fee will be nominal.. approx 100 to 150 rupees..
So why squabble?

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