Dear Sir, Greetings!
My father owns an agriculture land measuring Ac1-42 Cents. The same was acquired by him in the year 1976 through sale deed. Since then he is in absolute possession and enjoyment of such property till today. In the year 2008 my father sold a portion of such agriculture land as he is the absolute owner.
Recently about 3 months ago, my sister filed a suit against my father & me stating that the property was gifted (Hiba) to her in the marriage in the year 1985 as per Sharian law; which is false. To frame our site under some dispute/with intent to harass me and my father she filed Original Suit (OS) in the Civil Court.
To pay for the Court fee, she got the Sub-Registrar’s Office valuation (land valuation) of the suit property as Rs 4, 00,000/- per acre (in words four lakhs only). The real valuation of the suit property is Rs 33, 88,000/ per acre (in words thirty three lakhs, eighty eight thousand rupees only).
As per the present circumstances, what could be the complications for the petitioner in the OS? If the same is brought before the knowledge of the Hon’ble Court, is it possible that the court might ask the plaint to pay the remaining court fee and resubmit the case before the court with valid court fee as a fresh suit at a later date? Technically, the court fee has to be paid as on later date as per the intimation of the court. After paying the complete court fee only the judiciary can process, admit and number the case or as per the present suit can they inform the petitioner to deposit the remaining (short) court fee and continue the present case? if the court dismisses the case, informing them to resubmit the case with requisite court fee? During this process can my father transfer the property to me as registered gift?
Kindly reply to my query and I remain thankful for your valuable advice.
With regards,
-Moinuddin
