My family has a long-held ancestral property, but my brothers are claiming I have no share based on a forged will. I plan to challenge this will in court and seek a division of the property. My lawyer says both cases can proceed together. I want to file for partition based on the property’s assessed value. Could the opposing lawyer argue that I should pay court fees based on the market value instead, and would this mean I lose the case if I don’t?

Apni Law
Apni Law
Law Forum › Category: Property › My family has a long-held ancestral property, but my brothers are claiming I have no share based on a forged will. I plan to challenge this will in court and seek a division of the property. My lawyer says both cases can proceed together. I want to file for partition based on the property’s assessed value. Could the opposing lawyer argue that I should pay court fees based on the market value instead, and would this mean I lose the case if I don’t?
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Apni Law Staff asked 6 months ago

My family has a long-held ancestral property, but my brothers are claiming I have no share based on a forged will. I plan to challenge this will in court and seek a division of the property. My lawyer says both cases can proceed together. I want to file for partition based on the property’s assessed value. Could the opposing lawyer argue that I should pay court fees based on the market value instead, and would this mean I lose the case if I don’t?

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Apni Law Staff answered 6 months ago

Indian law allows you to file for partition based on the assessed value of the property, but the opposing lawyer can argue for using the market value. This is a matter of legal argument, and the court will decide based on evidence presented. Losing the case due to paying court fees based on market value is unlikely, but you should consult your lawyer for specific advice and strategies.

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