Is court fees charged if others file the case? Is court fees charged if others file the case?

6 years ago

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. My mother says all should file why only her? so if all 4 files the case then would court fees be taken? and in this situation how to deal with elder mama who is not signing mou? in what way we can reply to his conditions as we feel his conditions not genuine. what if he opens locker first and then refuses to sign mou? and why would any third party buy floor without basement? Pls suggest what to do, if court case happens how many hearings it can take and how long.

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your case You can file suit for partition of property and you don't ave to wait for the permission of anyone. You may take a consultation for further advice in this regard.
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