District court fees for civil suit in andhra pradesh
siri
(Querist) 13 October 2011
This query is : Resolved
I completed sale agreement with vendor by giving advance Rs 1 lakh & balance payment should be give with in 1 month and get registered,if not there was no refund of my advance money & deal of agreement also cancelled automatically.Now 40 days is over,but there is one more term & condition b/w us i.e if vendor title is not good marketable then token amount should given back to me.Actually iam asking him orally for last 30days to show registered link documents for his valid title.But he failed.More over in my verification at sub register office also came to know that he has no registered link documents and no valid title.So I demanded to give my advance money back as vendor did not have valid Title of said property and same is refused by vendor arguing that he has valid marketable title, time of agreement also over, so no need of refund of my amount
so I want to suit in civil court(AP) for recovery of my earnest money of Rs1 lakh.please clarify,
1)What is the court fees i have to paid for recovery of 1 lakh in district court at Andhra pradesh
2)As i am praying recovery of my token money Rs 1 lakh on basis of vendor has no valid title,then burden lies on me to prove about vendor title is not marketable
3)since vendor is arguing no need to give money as he has valid marketable title,whether burden lies on him also to prove he has valid title.IF YES i.e burden lies on vendor also,then what is the court fee he should be paid for this case either for 1 lack or for entire suit property
4)What is the minimum lawyer fees for my case to recover my 1 lakh
ajay sethi
(Expert) 13 October 2011
1)what is sense in giving oral reminders for last 30 days .
2)you have till date not addressed a single letter to vendor that ytitle is defective and not marketable .
3)send a legal notice state that title is not clear mention the grounds on basis of which you have stated that title is not marketable and request for refund .
4)wait for his reply to legal notice then think about filing suit for refund .
5)you will have to prove title is not marketable . similarly if evndor states he has marketable title he has to prove it
6)in maharashtra it is around Rs 6,430 . in Ap it should be in same range .
7)no fixed lawyer fees . each lawyer may charge differntly depending upon facts of the case .
siri
(Querist) 13 October 2011
thank u sir for reply....
I have one more doubt,in my above case whether vendor(i.e defendant) also need to pay court fee.
IF YES,then court fee is for an amount Rs 1lack or court fees for entire suit property as he is arguing that he has valid marketable title
ajay sethi
(Expert) 13 October 2011
no defendant does not have to pay court fees unless he makes a counter claim .
you are demanding only refund of rs 1 lakh so court fees only on that amount is payable
siri
(Querist) 13 October 2011
sir, since vendor(i.e defendant) is arguing that no need of giving Rs 1lakh to me by stating that he had clear marketable title on suit property,I think he should also pay court fees for his entire suit property.Is it correct.If not give clarification..
prabhakar singh
(Expert) 13 October 2011
Steps required!
All of first engage a local lawyer and follow advise no.3 &4 of Mr. Sethi.
IN civil cases every one will have to prove his own case.
Court fees varies from state to state,in UP it would be Rs.7950/=,have a rough estimate of maximum 10%.
Fees of a lawyer is very variable thing and dependent on locality as well as on lawyers experience and his capability to quote.It is always negotiable and it is desirable that it is pre fixed with all terms.
A defendant is not required to pay court fees unless by his counter claim he also chooses to seeks some relief from the court.
Shastri J.K.
(Expert) 13 October 2011
I agree with mr. prabhakar singh.
siri
(Querist) 13 October 2011
sir,
1)PLZ clarify in above case ,to recover my money of Rs 1lakh from vendor ,1st court will come conclusion on vendor title whether it is clear marketable or not.Is it correct.
2)Also clarify in Detail since vendor(defendant) also defence for my suit in court by saying that there is no need of giving money Rs 1 lakh to me has he has clear marketable title and tries to prove his validity of title,if this is the defence or counter claim version of defendant,then defendant also necessary to pay court fees for entire suit property.Is it correct
siri
(Querist) 13 October 2011
sir,plz clarify my last asked question
Guest
(Expert) 13 October 2011
your suit will fail. That as per the specific relief act you are not at all ready and willing to perform you part. So that you cannot do it later. local lawyer is able to decide the court fees. so call/consult your lawyer
prabhakar singh
(Expert) 13 October 2011
1]correct.
2)THOSE WHO ARE SINGERS,THEY DO NOT LISTEN OTHERS,SO ARE YOU ALSO.
DO NOT BE SO MUCH ANXIOUS TO PRE ANTICIPATE WHAT YOUR DEFENDANT WILL DO .HE IS EXPECTED TO DEFEND ONLY.
prabhakar singh
(Expert) 13 October 2011
I DIS AGREE THAT YOUR SUIT WILL FAIL BECAUSE YOU DO NOT WANT SPECIFIC PERFORMANCE RATHER YOU ARE READY TO RESCIND THE CONTRACT ON THE GROUND THAT YOUR PROPOSED VENDOR MISREPRESENTED YOU TO HAVE A MARKETABLE TITLE
WHICH HE IS NOT READY TO SHOW THEN UNDER DUTY OF DILIGENCE YOU FOUND HIM NOT HAVING MARKETABLE TITLE HENCE YOU CAN SUE FOR RETURN OF EARNEST.
siri
(Querist) 13 October 2011
thank u sir for ur suggestion
