Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    

Home > Experts > Property Law > Court fee issue in a partition suit



Please Wait ..

Court fee issue in a partition suit (Property Law)

Report Abuse
This query is : Resolved


Author : Radhey

Posted On 16 May 2012 at 10:33

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.......




Expert : ajay sethi

Posted On 16 May 2012 at 11:42

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



Author : Radhey

Posted On 16 May 2012 at 13:02

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.



Expert : Adv.R.P.Chugh

Posted On 16 May 2012 at 13:13

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 !



Expert : ajay sethi

Posted On 16 May 2012 at 13:13

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 .



Expert : Nadeem Qureshi 9953809956

Posted On 16 May 2012 at 13:42

Dear Querist
i agree with Mr. Sethi



Expert : H. S. Thukral

Posted On 16 May 2012 at 13:54

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.



Author : Radhey

Posted On 17 May 2012 at 05:38

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?



Expert : Shonee Kapoor

Posted On 18 May 2012 at 11:33

"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



Author : Radhey

Posted On 18 May 2012 at 15:32

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..??


Previous

Next

You need to be the querist or approved Lawyersclubindia expert to take part in this query .


Click here to login ( Members Login ) now







Similar Queries :










Quick Links



Browse By Category



Subscribe to Experts Feed
Enter your email to receive Experts Updates: