Please note that the partition suit varies from case to case. There is no prescribed timeline for the conclusion of the suit. However, on an average, it takes about 2 – 3 years to get the property partitioned.
FAQ Category: Services
My father purchased a property in Delhi in 2000. He constructed the house in such a way that me and my brother do not have a quarrel later on. However, my brother has occupied my floor too and is not letting me use it for my personal use. My brother’s wife is carrying on her boutique business without my consent. Is there any way that I get my floor back as my father has passed away?
In such a situation, an appropriate suit seeking partition and declaration can be filed in the court of law claiming your share in the property.
Sir/Mam, my father owned a property in Chennai. As he was living with me in Canada, he gave possession of the house in the hands of a caretaker. It’s been 5 years that we have visited our property. Now we want to sell off the property, but the caretaker is not ready to vacate the property. What should we do?
Since the property possessed by him is in the capacity of a caretaker; as a result, he cannot claim his title over the same. An appropriate suit can be filed against him so that he gives the peaceful vacant possession to your father. Thereafter, the sale can be executed.
What are the steps involved in order to obtain a Legal Heir Certificate?
Firstly, the legal heirs of the deceased are required to file an application to concerned department along with the requisite documents like the death certificate of the deceased, identity proofs of the legal heirs etc. Next, if no objection is made by the authority, then the certificate is granted.
My father died in the month of November last year. He did not leave any Will behind. How can I claim the property he owned?
In such a situation, the property owned by your father shall devolve upon you, your siblings and your mother in equal shares. For this, an appropriate suit can be filed in a court of law if all the legal heirs do not agree for an amicable settlement. If all the legal heirs agree, then the property can be transferred in their names by approaching the concerned authority.
What is the time limit for filing a complaint?
A complaint has to be filed within two years from the date on which the cause of action/deficiency in service arises. However, a complaint may also be filed after the period of two years, if the complainant satisfies the Forum that he/she has sufficient reasons for not filing the complaint within such period.
What if the consumer is not satisfied with the order of the Consumer commission?
Any consumer who is aggrieved by order of a commission can prefer an appeal in the higher commission within a specified time period from the date of the order. The appeal can be preferred
- against an order of the District Commission before the State Commission
- against an order of the State Commission before the National Commission
- against an order of the National Commission before the Supreme Court
What is the pecuniary jurisdiction of the commissions?
Post the Consumer Protection Act 2019, the claims till 1 crore are heard by the District Consumer Commission. The claims beyond 1 Crore upto 10 crores are heard by the State Consumer Commission, and the claims beyond 10 crores are heard by the National Disputes Redressal Consumer Commission.
What is a “transfer of property”?
The “transfer of property” implies when a living person conveys some property to some other person immediately or at some time in the future.