Counter-Claim for Separate Share

The Counter-Claim for Separate Share is primarily governed by Order VIII Rule 6A to 6G of the Code of Civil Procedure, 1908 (CPC). These provisions allow a defendant to set up any right or claim in respect of a cause of action accruing to them against the plaintiff, even if it exceeds the plaintiff's claim. In property disputes, this enables the defendant to claim a separate share in the suit property, effectively converting the suit into a partition action. No reported decision was found on this point from the retrieved cases, but the CPC framework is well-established.

The Counter-Claim for Separate Share is filed in the civil court having jurisdiction over the property. The relevant government department is the District Court or High Court (depending on the value of the property). You can access case status and e-filing facilities through the e-Courts portal at https://ecourts.gov.in. For specific procedural guidance, consult a Property Dispute Lawyer who can assist with filing the counter-claim in the correct court.

The process for filing a Counter-Claim for Separate Share involves the following stages:

1. Filing Written Statement: The defendant must file a written statement within 30 days of receiving the summons, along with the counter-claim.
2. Service of Counter-Claim: The court serves a copy of the counter-claim on the plaintiff.
3. Replication: The plaintiff files a reply to the counter-claim.
4. Framing of Issues: The court frames issues based on the pleadings of both parties.
5. Trial: Evidence is led by both sides on the issues framed.
6. Judgment: The court passes a decree, which may include partition of the property and allotment of a separate share.

A Property Dispute Lawyer can draft the counter-claim to ensure it meets the legal requirements under Order VIII Rule 6A CPC.

The following forms are typically required when filing a Counter-Claim for Separate Share:

• Written Statement cum Counter-Claim: A combined pleading setting out the defence and the counter-claim.
• Affidavit in Support: Sworn affidavit verifying the facts stated in the counter-claim.
• List of Documents: All title deeds, sale deeds, succession certificates, or other documents proving the defendant's share.
• Court Fee Stamps: As per the Court Fees Act, 1870, based on the value of the share claimed.

Your Property Dispute Lawyer will prepare these documents and ensure they are filed within the prescribed limitation period.

To file a Counter-Claim for Separate Share, the defendant must satisfy the following conditions:

• Existing Suit: There must be a pending civil suit filed by the plaintiff against the defendant.
• Cause of Action: The defendant must have a cause of action that arose before or after the filing of the suit but before the defendant has filed their written statement.
• Independent Right: The counter-claim must assert an independent right to a share in the property, not merely a defence to the plaintiff's claim.
• Jurisdiction: The court must have jurisdiction to entertain the counter-claim as a separate suit.

A Property Dispute Lawyer can assess whether your case meets these criteria and advise on the best strategy.

The Counter-Claim for Separate Share is filed along with the written statement, which must be submitted within 30 days of service of summons, extendable up to 90 days by the court. Thereafter, the court proceeds with the suit and counter-claim together. The overall duration depends on the court's caseload and the complexity of the property dispute. No specific timeline can be guaranteed, as each case is unique.

The fees for filing a Counter-Claim for Separate Share are governed by the Court Fees Act, 1870 and vary by state. Below is an indicative table of court fee payable on the counter-claim (subject to state amendments):

Note: These are government-prescribed court fees only. Advocate fees are separate and should be discussed with your Property Dispute Lawyer.