Writ petition against siblings in parental properties matter

Tilak Marg Forum for Legal Questions Forums Property Law Writ petition against siblings in parental properties matter

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    • #5588

      Can I ( Female member who has been married in Kolkata) file a writ petition in Kolkata HC ( West Bengal) for my paternal properties situated in the state of Bihar?

    • #5592

      As per the provisions of Section 16 of the Civil Procedure Code (CPC), a suit with regard to the immovable properties which are situated in Bihar, cannot be filed in Kolkata. Such a suit will have to be filed in the appropriate court in Bihar itself, where the properties are situated.

      Secondly, since the matter relates to dispute with regard to parental properties and the dispute appears to be with your siblings, it will not be a writ petition, but it will have to be an appropriate civil suit in accordance with the provision of the CPC.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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