Ad valoem fees
vijay
(Querist) 16 February 2013
This query is : Resolved
A PERSON EXECUTED A SALE DEED ON BEHALF OF A FALSE AND FABRICATED GPA. I HAD TAKEN A LETTER FROM REGISTRAR MENTIONEING THAT NO SUCH GPA IS IN EXISTANCE AND THERE IS NO REGISTERATION OF SAID GPA. I HAVE FILED A SUIT FOR MANDATORY INJUNCTION AND POSSESSION AND CANCELLATION OF SALE DEED EXECUTED ON A FAKE AND FABRICATED GPA. HE HAS FILED APPLICATION UNDER SECTION 7 RULE 11 REGARDING PAYMENT OF AD VALOREM FEES IS REQUIRED TO BE PAID. PLEASE CONFIRM WHETHER AD VALOREM FEES IS REQUIRED TO BE PAID BEFORE START THE CASE. IF COURT DECIDED THE MATTER OF GPA FIRST THEN IT WILL BE PROVED THAT NO SUCH GPA IS IN EXISTANCE AND SALE DEED IS EXECUTED ON FALSE AND FABRICATED GPA. PLEASE GUIDE ME
prabhakar singh
(Expert) 16 February 2013
Have you averred out in the plaint that you have never executed any GPA nor any such GPA is registered,and have filed the letter of registrar along with list of documents filed with plaint and have pleaded that as such since you are not party to forged and fabricated and impersonated GPA,hence no ad volerum court fees is payable.
If yes,then his application u/o 7 rule 11 deserves rejection,because for purposes of order 7 rule 11 a court is confined to look into plaint and plaintiff documents and not the pleas or documents of defendant.
The court has to believe plaintiff version of the case at this stage.All depends how fairly the plaint is drafted demonstrating things Crystal clear.
vijay
(Querist) 16 February 2013
I HAVE MENTIONED THIS FACT AND ALSO ENCLOSED THE SAID LETTER WITH MY PLAINT AND COURT HAS FIXED THE DATE FOR ARGUMENTS ON FEES MATTER. DEFF. HAS FILED IN THE COURT A PHOTOCOPY OF GPA WHICH HAS NO DATE, NO STAMP NO SIGNATURE OF DEFF. AND MENTIONED THAT ORIGINAL GPA HAS BEEN TORNED BY THEM AND I HAD ARRANGED THE REGISTRATION OF THE SAME WHICH IS NOT TRUE
prabhakar singh
(Expert) 16 February 2013
Then, in my view, court should NOT allow their application u/o 7 r 11 and should not order you to pay ad volerum court fees because at this stage only your version has to prevail and not the counter version.The court is legally confined to look into the plaint alone together with any document brought on record by the plaintiff and is bound to believe upon the plaint case as true at this stage if you have explained why court fees paid by you is sufficient by reference of provisions of your state court fees Act.
ANIL KUMAR 8867907494
(Expert) 16 February 2013
U agree with the above advise further have u filed criminal case against him
vijay
(Querist) 18 February 2013
R/SIR
PLEASE PROVIDE ME IF ANY COURT ORDER WITH YOUR GOODSELF IN THIS RESPECT. PL PROVIDE ME CASE NUMBER ETC. SO THAT I CAN DOWNLOAD THE SAME OR PROVIDE ME SCANED COPY OF THE SAME.
PL HELP ME IN THIS RESPECT.
prabhakar singh
(Expert) 18 February 2013
For that you need to post your plaint para pleading valuation clause to gather with provision of the court fees Act applicable in your case and also the provision under which defendant is asking advolerum payment of court fees.
The main criteria on which the matter is considered in this respect is that if the deed is void abinitio then no advolerum court fees is payable but if the deed is voidable for want of free consent or consent is vitiated by fraud ,coercion, undue influence or misrepresentation etc.,then for cancellation of such a deed court fees would payable advolerum.
In fact you do not need any cancellation of the impugned sale deed which is void abinitio and not binding upon you for want of authority from you as the alleged P.A. did not carry any valid P.O.A. from you,seeking a declaration to that effect can serve your purpose and in furtherance you should also plead that though impugned sale deed is void abinitio but since the same has been got registered illegally ,the same is a clog on the title of plaintiff hence sub registrar be directed to endorse it void according to decree passed in the suit.
The blunder committed is that relief of possession has also been sought.How can a non P.A. convey possession.The relief sought ought to have been for declaration that as you did not appoint any person or alleged one to be your P.A.nor did you ever executed any GPA the impugned sale deed purported to have been executed and registered in book no so and so at serial no so and so be declared void abinitio ,not binding on plaintiff and accordingly decree so passed be ordered to be endorsed by the sub registrar .
vijay
(Querist) 18 February 2013
Sir, sorry to disturb you again because there is some change in the facts, he has mentioned the facts as below :
It is case of my friend, now he apprised the facts of the case that he is owner of a plot and he had entered into an agreement to sale the said plot at Rs.10.40 lacs on 14.01.2005 and buyer had paid him Rs.8.40 lacs on 16.03.2005 and got signed by him sale agreerment, affidavit, possession letter and a receipt of payment of Rs.4.20 as full and final but it was decided that when registry will open for this area he will registered a sale deed in favour of buyer and buyer will pay balance amount with interest but it is not in writing. Now in the year 2012 he came to know that buyer has registered a sale deed on his behalf by playing a fraud with him i.e. on behalf of false and fabricated GPA.
He has filed a case for mandatory injunction and possession mentioning that he has never executed any GPA in favour of buyer and he has got a letter from office of registrar that there is no such GPA in existence and registered at that sr. number.
Buyer has mentioned that he had purchased the said plot and paid Rs.8.40 lacs as full and final and taken possession and produced the copy of all documents in the court but not mentioned that byana was signed at Rs.10.40. He has also mentioned in the sale deed if there is any wrong in GPA he will be fully responsible for the same. Buyer has mentioned that he has lost the original GPA but produced photocopy of the same which has no signature of buyer, no date, no stamp of registrar and no registration number etc. it is false and fabricated GPA.
Buyer has filed application under section 7 Rule 11 that in this case ad valorem fees is required to be paid at the market value of the constructed house. Seller has filed petition and challenged the GPA, sale deed and demand for possession.
Sir, please guide me in this respect.
Please help me.
vijay
(Querist) 25 February 2013
please help
