Suit for family partition
sankalp
(Querist) 08 September 2015
This query is : Resolved
On the basis of an unregistered deed of family settlement i have to file a partition suit against my first cousin in Delhi High Court , all of us are residing in the same property.Please advice me whether court fees will be on basis of market value or fixed rate since we all are in joint possession of this property
R.K Nanda
(Expert) 08 September 2015
u can file court fee as per ur share in said property.
sankalp
(Querist) 08 September 2015
but sir we have joint possession of property so it will still be calculated on market value ?
R.K Nanda
(Expert) 08 September 2015
no need to pay court fee on market value.
R.K Nanda
(Expert) 08 September 2015
u can go for click to talk option for detailed reply.
Rajendra K Goyal
(Expert) 08 September 2015
Consult and discuss with your lawyer after showing all the documents to him.
sankalp
(Querist) 08 September 2015
one lawyer is saying fees will be according to share in property however one other lawyer is saying that justice v.k jain of delhi high court in Anu vs suresh sharma has held that in case of joint posession plantiff will pay a fixed court fees. refer article 17(vi) of court fees act. so im confused ,property in delhi and case to be filed in high court .
Anirudh
(Expert) 08 September 2015
In the said decision, Justice V.K. Jain, after noting the number of decisions of Supreme Court has very clearly indicated that:
If the plaintiff claims to be in joint possession of the suit property, he has to pay a fixed Court fee in terms of Article 17(vi) of Court fees Act.
You say that you are in actual physical joint possession of the property, in which you want to seek partition.
Therefore, without doubt, you are required to pay only Fixed Court Fee.