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Nishant (abc)     23 August 2013

Ad-valorum or fixed court fee when partition by co-owner

Dear Members,

I was going through some judgements of High Courts (reffered one below), regarding quantum

of court fees to be paid by the co-owner seeking partition of jointly held property between two co-owners. I could make out that co-owner seeking partition has to pay ad-valorum court fee on market value of his share if he is not in physical possession of the property otherwise if he is enjoying physical possession with other co-owner and seeks divided share, he has to pay only fixed court fee (Rs, 200/- or 300/- as the case may be).

1.https://indiankanoon.org/doc/800893/ (HC Judgement)

But at the same time, I am also made to understand that even if one co-owner (seeking partition) is not residing or having poseesion of joint-property, it is held that possession of one co-owner is possession of all co-owners, and in that case ad-valorum court fee does not apply.


What is the correct position of law in this matter ?

How to prove that even if co-owner (seeking partition) not residing in joint property, has not been ousted from the said property. ?
 

 

Can any learned member provide latest judgement of Supreme court in this matter.

 

Thanks a lot in advance


 



Learning

 1 Replies

Nishant (abc)     26 August 2013

Any replies please,


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