What type of suit can I file for marginal land?
I have a 30x40 feet plot in BDA approved layout in Bengaluru. My rear side neighbor's plot is also 30x40. Between the two plots there is a marginal land 7 feet wide x 30 feet across that is currently in possession of the rear side owner. I want to claim my share of the marginal land, to the extent of 3.5 x 30 feet. What type of suit can I file keeping the court fee in mind? Appreciate any help along with case laws. Thanks a lot in advance
The share in the marginal land can be acquired by filing a partition suit under the Code of Civil Procedure. The suit will make a declaration of the right to the land and an order of its partition. This is with respect to the subject land in dispute, and the court charge depends on the market value. The calculation is based on the local guideline and generally ranges to approximately 1% of the market value as per the Karnataka Court Fees and Suits Valuation Act, 1958.
To claim your share of the marginal land between your plots, file a suit for declaration and possession in the civil court. This suit should declare your right to the 3.5 x 30 feet land and request possession if needed. Court fees depend on the land's market value, as per the applicable Court Fees Act, often requiring an ad-valorem fee based on that value. Consulting a lawyer ensures proper framing and filing of your suit, considering all legal aspects and fees involved.
Sir, you can file the suit for partition if you believe that marginal land should be jointly owned and the court fee depends on the value of the property in question and varies by jurisdiction. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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