Ad valorem fees
vijay
(Querist) 28 May 2013
This query is : Resolved
My relative wanted to sold his plot and a buyer paid some amount and also got signed some documents i.e. agreement to sell, affidavit, possession letter, receipt of payment as full and final (buyer paid only 70% amount of total consideration of plot) all documents are in english language but my relative do not know english. buyer prepared a false and faricated GPA and without any consent of my relative. Buyer has executed a sale deed in the name of his wife. When my relative got this fact that buyer has executed a sale deed on basis of false and fabricated GPA and got the possession of said plot. My relative got a letter from office of Sub-registrar mentioning that no such GPA is registered in his office he has filed a case to challange the GPA, Sale deed and also for possession. Advocate of buyer filed application under rule 7 / 11 that my relative has not paid the ad voleram fees.
Sir, please let me know whether any ad valorem fees is required to be paid by my relative or not. (Case was filed on behalf of fraud) If yes, then at what price i.e. on market value of plot or amount of sale deed.
Nadeem Qureshi
(Expert) 28 May 2013
Dear Vijay
Which type of case, your relative's has been filed, suit for possession, suit for declaration, sale deed cancellation??????
the court fee is different, case to case.
Feel Free to Call
ajay sethi
(Expert) 28 May 2013
court fees would depnd upon market value of land .
R.K Nanda
(Expert) 28 May 2013
CF differs in all states.
Raj Kumar Makkad
(Expert) 29 May 2013
The advolerum court fee is payable as per present market value of the property.
vijay
(Querist) 29 May 2013
Sir,
My relative has never executed any GPA and not available any such GPA. Buyer has not provided any GPA in the Court. He has mentioned that he has destroyed the original GPA. GPA or Registry is to be executed on balance payment.
Raj Kumar Makkad
(Expert) 30 May 2013
Buyer has to prove the authenticity of the seller to sale a particular property on the day of registration.
vijay
(Querist) 30 May 2013
R/sir
While in an another case came before the Registar for registration of sale deed on behalf of a GPA (showing registered from same place where showing registered in our case) only two months before Registrar had rejected to register the said sale deed due to confirmation received that no such GPA is registered there. In our case defendants showed that their GPA is registered from the same place at this time Registrar has not confirmed that whether this GPA is registered or not. Registrar taken a undertaking from defendants (hand written) on the last page of sale deed that "my GPA is registered from .... at Sr. No.... on dtd.... and if any discripancy / mis representaion will find in the GPA, defendant is lible for the same. And Registrar registered the sale deed. While in the other case a criminal case was filed.
Pl held me
