AI Overview...
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Valuation of Suit for Partition - The valuation must reflect the share of the plaintiff or defendant, not the total property value, for purposes of court fee and jurisdiction. Courts have emphasized that the valuation should be based on the specific share or interest involved, not the entire property Rohit Mahajan VS Rajiv Bhardwaj - Delhi, GEETA DEVI VS DEVINDER NATH BHARDWAJ - Himachal Pradesh.
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Proper Valuation for Court Fee and Jurisdiction - The suit should be properly valued considering the share of the property involved. Misvaluation can lead to issues regarding maintainability and jurisdiction. For example, a suit may be properly valued for court fee but wrongly valued for jurisdiction if the share is not accurately assessed GEETA DEVI VS DEVINDER NATH BHARDWAJ - Himachal Pradesh, Davinder Parmar wd/o late Sh. Balbir Singh VS Kulbir Singh s/o late Sh. Avtar Singh - Himachal Pradesh.
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Method of Valuation - When valuing immovable property for partition, courts often rely on valuation reports, sale deeds, or the share of the parties involved. In cases involving joint family properties or ancestral properties, valuation may involve appraising individual shares or the property as a whole, depending on the context Maimu VS Beebi - Kerala, P.K.CHANDRAN NAIR vs MEENAKSHI - Kerala.
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Jurisdictional Considerations - The suit must be filed in a court with jurisdiction over the immovable property, and the valuation for jurisdiction purposes should be based on the share or interest involved, not the entire property value. Section 16 and 20 of the Civil Procedure Code highlight that jurisdiction depends on the location of the immovable property and the valuation of the share involved Kamarsu Raja Row VS Kamarsu Rajaiah alias Rajeswara Rao - Andhra Pradesh.
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Practical Approach - Courts often appoint Local Commissioners to assess and prepare valuation reports, especially in cases involving complex properties or disputes over valuation. These reports are instrumental in determining the proper valuation for partition suits Manohar Lal Behari Lal VS Onkar Das Alias Omkar Dass - Punjab and Haryana, SANJEEV AGGARWAL VS ROSHAN LAI SOOD - Himachal Pradesh.
Analysis and Conclusion:
In suits for partition of immovable property, the valuation should be based on the plaintiff's or defendant's share or interest in the property, not the total property value. Proper valuation is crucial for determining court fee and jurisdiction. Courts may rely on valuation reports, sale deeds, or appraisals, and often appoint Local Commissioners for accurate assessment. Misvaluation can affect the maintainability of the suit and the court's jurisdiction, hence accuracy at this stage is essential Rohit Mahajan VS Rajiv Bhardwaj - Delhi, GEETA DEVI VS DEVINDER NATH BHARDWAJ - Himachal Pradesh, Maimu VS Beebi - Kerala.
References:
- Rohit Mahajan VS Rajiv Bhardwaj - Delhi
- GEETA DEVI VS DEVINDER NATH BHARDWAJ - Himachal Pradesh
- Maimu VS Beebi - Kerala
- Manohar Lal Behari Lal VS Onkar Das Alias Omkar Dass - Punjab and Haryana
- Kamarsu Raja Row VS Kamarsu Rajaiah alias Rajeswara Rao - Andhra Pradesh
- Davinder Parmar wd/o late Sh. Balbir Singh VS Kulbir Singh s/o late Sh. Avtar Singh - Himachal Pradesh
- P.K.CHANDRAN NAIR vs MEENAKSHI - Kerala
Search Results for "How Suit for Partition of Immovable Property is to be Valued"
1958 0 Supreme(P&H) 170 • India - Punjab and Haryana
K.L.GOSAIN, HARBANS SINGH
Fact of the Case: Plaintiff filed a suit for partition of immovable property and recovery of mesne profits. ... Whether the plaint was correctly valued for court-fee and jurisdiction? 2. ... The defendants contested the suit on various grounds, including that the plaint was not correctly valued for purposes of court-fee ... The plaintiff Manohar Lal brought the suit against his brothers Onkar Das defendant No. 1 and Kidar Nath defendant No. 2 for #....
2017 0 Supreme(Del) 4279 • India - Delhi
RAJIV SAHAI ENDLAW
of immovable property. ... of immovable property and the valuation for the purpose of jurisdiction should not be based on the entire property's value. ... of immovable property and the valuation for the purpose of jurisdiction should not be based on the entire property's value. ... The aforesaid dicta deals with a suit for partition of immovable property. ... In a suit#....
1970 0 Supreme(Ker) 228 • India - Kerala
properly valued. ... The plaintiff valued her share of the property and income at Rs. 4,000 and Rs. 875 respectively. ... a suit for partition falling under S.37(2). ... No. 305 of 1967 on the file of the Badagara Munsiff's Court to revise an order, which overruled their objection to the maintainability of the suit in that Court on the ground of jurisdiction. The suit is one for partition of an item of immovable #H....
2020 0 Supreme(All) 414 • India - Allahabad
VIRENDRA KUMAR II
complainant Ram Naresh and defendant-appellant Banshraj and Harsraj- respondent no. 2 are having 1/3-1/3 share in the disputed property ... It was not appreciated by first appellate court that property purchased by means of sale deed gives rise to only purchaser and none-else ... complainant Ram Naresh and defendant-appellant Banshraj and Harsraj- respondent no. 2 are having 1/3-1/3 share in the disputed property ... Panchayat Raj Act, 1947, Nyay Panchayat is not competent to hear and decide the suit for partit....
2025 0 Supreme(Kar) 119 • India - IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
M.G.S.KAMAL
(A) Registration Act - Section 17 - Partition of property - The plaintiff sought partition of ancestral joint family properties after ... property valued over Rs.100 must be executed in compliance with statutory requirements, thereby ruling that any unregistered relinquishment ... (Paras 17-19) ... ... Facts of the case: ... The suit involved the partition of joint family ... Any conveyance of immovable property value#H....
2004 0 Supreme(HP) 195 • India - Himachal Pradesh
A.K.GOEL
is passed by holding so - Parties directed to suggest a mutually acceptable person to be appointed as Local Commissioner for the partition ... of the property by metes and bounds. ... properly and being a joint family property - Section 7(v)(b) and 7(iv)(c) are inapplicable. ... Thus what clearly emerges from the pleadings is that the plaintiff is not in possession and enjoyment of the suit property, therefore, has instituted the suit for partition a....
2002 0 Supreme(HP) 251 • India - Himachal Pradesh
M.R.VERMA
Fact of the Case: The plaintiff filed a suit for partition of a property and for declaration of his share. ... Finding of the Court: The court found that the suit was properly valued for court fee but wrongly valued for jurisdiction ... was properly valued for the purpose of court fee but wrongly valued for the purpose of jurisdiction. ... Thus what clearly emerges from the pleadings is that the plaintiff is no....
2016 0 Supreme(HP) 2437 • India - Himachal Pradesh
P.S.RANA
Partition Suit - Property - H.P. ... The court further decided that the suit had not been properly valued for purposes of court fee and jurisdiction. ... The court held that the suit was maintainable, properly valued, and not bad for non-joinder of necessary parties. ... Chander Kanta pleaded therein that suit is filed for partial partition of joint property and same is not maint....
1963 0 Supreme(AP) 146 • India - Andhra Pradesh
P.CHANDRA REDDY, NARASIMHAM
CIVIL PROCEDURE CODE - SECTIONS 16 AND 20 - INTERPRETATION - SUIT FOR PARTITION OF IMMOVABLE AND MOVABLE PROPERTY - JURISDICTION ... - COURT WITHIN WHOSE JURISDICTION IMMOVABLE PROPERTY IS SITUATE. ... property. ... The operation of that section should be limited only to suits which seek partition of only immovable property, continues the learned counsel. ... We feel that a suit for recovery or #H....
2018 Supreme(Online)(KER) 4095 • India - High Court of Kerala
P. B. Suresh Kumar, J
Partition - Suit for Partition - Code of Civil Procedure - Section 100 - The court upheld the final decree for partition, reinforcing ... property based on a valuation report. ... Fact of the Case: The third defendant appealed against a final decree in a partition suit, which had been confirmed ... In the report, the Advocate Commissioner valued the building in the suit property treating the same as a common asse....
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