1) legal fees vary
2) it may take some years for partition suit to be disposed of
3) you can execute POA in favour of your son to attend court on your behalf
Partition of ancestral house
I am a old aged person.My elder brother & I live in a three storied building of our late father who died intestate.Our mother died in Kolkata,West Bengal.Our only sister & brother-in-law died in Kolkata having no issue. My age is 70+ years.My family live in ground floor,my brother forcibly occupying garage,1st floor & 2nd floor with his family Inspite of three letters , he is not interested to partition the house.The certified copy of dalil (as my brother refused to give me the original copy) & K.M.C. tax certificates showing me as co owner of house is in my posession. If I go for partition suit i) what is the expected expenditure ii) what is the expected time iii) in my absence can my son continue the case
Asked 8 years ago in Property Law
Religion: Hindu
7 Answers
Please give me names of reliable lawyers who practice in Alipur District Court, Kolkata.
Asked 8 years ago
you can contact MR Ganguly or Mr Barman form this website . both are from Kolkata
It depends upon pendency of cases incourt
2) partition suit may take around 15 years ti be disposed of
3) legal fees would depend upon lawyer engaged by you
4) it may cost you average around Rs 5 lakhs in legal fees excluding court fees
1. The initial expenditure will be the legal fees for filing and appearing to attend the hearings which varies from lawyer to lawyer. A fee of Rs.50,000/- for filing and Rs.3,000/- for appearance can be considered as normal for a lawyer of reasonable standard. At the time of getting the properties, you shall have to pay the stamp duty at actuals depending on the value of the property partitioned.
2. The time to be taken for disposing of the suit can not be foretold but it may take 2 to 3 years.
3. Son can file a substitution petition to step in to the shoes of his father in case of his unfortunate demise.
You can google search your lawyer.
If I go for partition suit
i) what is the expected expenditure
The court fee differs from one state to another hence this aspect may be clarified locally.
ii) what is the expected time
The time taken for disposal also cannot be predicted, generally a partition sit may take more than three years.
iii) in my absence can my son continue the case
You can give him a power of attorney deed for conducting the case on your behalf.
Please give me names of reliable lawyers who practice in Alipur District Court, Kolkata.
All lawyers are reliable.
You can choose a lawyer suiting to your taste by verifying their credentials from this forum too.