Court fee issue in a partition suit

This query is : Resolved 
 

(Querist)
16 May 2012

My brother filed a partition suit against me and in that suit he declared that the suit property is worth Rs. Five Crore.

Now 2 issues:--

1) He did not pay even a single paise as the Court fee according to that declared amount i.e. Rs. Five Crore, Can not I challenge that his Case should be declined, because he has not paid the Court Fee, what will happen if I challenge?

2) The property is worth Rs. 10 Crore.Can not I declare in the Court that I am ready to pay Rs.2.5 Crore to him, as he himself has declared that property is worth Rs.5 Crore? Can he say in the Court that No, No he assessed the worth wrongly etc..etc..??


Help Please.......


ajay sethi (Expert)
Click to Talk
16 May 2012

he has to pay court fees . otherwise suit will not be numbered . plaint will be rejected by court .

radhey if you are owning property worth rs 10 crores you can easily afford legal fees . contact a local lawyer

Radhey (Querist)
16 May 2012

Mr. Ajay, sir, u missed the question, the suit has been filed by my brother not me and Court fee was to be paid by him not by me.

Sir please go through the question again.

Adv.R.P.Chugh (Expert)
16 May 2012

Dear Mr.Radhey,

I have the following to say :-

1. You can move an application u/order 7 r 11 for rejection of plaint on ground of undervaluation of suit (5 crores instead of 10 crores) but it should not be required because the court won't number it if court fee is not paid in the first place.

Also be sure that your brother has not filed the plaint with application to sue as indigent (in forma pauperis) in which case if allowed - he can contest without court fees.

The Second point is not sustainable. How the property is to be partitioned is a question that would arise later once his suit's maintainability is decided.

Feel free to talk !

ajay sethi (Expert)
Click to Talk
16 May 2012

radhey

it s your case that your brother has not paid single paisa as court fees . i hve opined that if he has not paid court fees suit will not be numbered . if plaintiff does not pay court fees as required objection is atken by registry . if inspite of being given time plaintiff refuses to pay his plaint would be rejected


. my reply was correct .

Nadeem Qureshi (Expert)
Click to Talk
16 May 2012

Dear Querist
i agree with Mr. Sethi

H. S. Thukral (Expert)
16 May 2012

If your brother is in joint possession of the property physically or symbolically he does not have to pay ad-valorem court fee. There is a fixed fee of Rs. 200/- in such case which your brother must have paid after pleading a joint possession. If you have to take objection on this you have to show in your ws that your brother has been ousted from the possession.

Radhey (Querist)
17 May 2012

Thnx a lot sirs, my first question has been answered properly but my second question is still unanswered:---

2) The property is worth Rs. 10 Crore.Can not I declare in the Court that I am ready to pay Rs.2.5 Crore to him, as he himself has declared that property is worth Rs.5 Crore? Can he say in the Court that No, No he assessed the worth wrongly etc..etc..??

And another questions arose here:--

What is "in forma pauperis"/indigent legally?
Does that mean that a person can show in the Court that he is utterly poor,hence can not pay the court fee,hence the court fee to him be waived off?

How it is decided that a person is so much poor?

Does his self declaration suffice the Courts or he has to produce some kind of income proof?

Shonee Kapoor (Expert)
18 May 2012

"in forma pauperis" means in the form of a pauper.

Yes, he can ask for waiver of court fee in such case.

The court after rightful inquiry can admit or deny his application.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Radhey (Querist)
18 May 2012

Thnx a lot sirs, my question has been answered properly but my last question is still unanswered:---

2) The property is worth Rs. 10 Crore.Can not I declare in the Court that I am ready to pay Rs.2.5 Crore to him, as he himself has declared that property is worth Rs.5 Crore? Can he say in the Court that No, No he assessed the worth wrongly etc..etc..??



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