Court fee and chances of winning joint property
Jayant Yadav
(Querist) 03 October 2014
This query is : Resolved
Dear Experts,
my sister is going through DV and divorce. She was alloted a flat by DDA under PH category, however due to DDA rules name of her husband is added in conveyance deed. As a result the loan was also in joint names. However my sister has paid all EMIs from her account and nearly 10% is paid as cash in lumpsum. currently her husband is out of home due to order by MM in DV. We are advised to file injunction and declaration suit,to keep him away. Can you please help by your suggestion on following:
1. What will be the court fee, which will have to be paid? Flat is currently worth about a crore but was acquired at about 12.5 lacs.
2. Will the allotment under PH category, will have any bearing on the decision?
3. Will the payment record will have a bearing or it will be distributed 50/50.
Thanks in advance for your guidance.
Regards,
Jayant
Dr J C Vashista
(Expert) 04 October 2014
A1. Which part of Delhi the flat is located? What is the circle rate of the area/catagory, accordingly calculate.
What is the purpose of payment of Court fees?
In the suit for declaration proposed to be filed, what do you want to be declared? Incomplete information and vague query.
A2. No.
A3. Show entire documents to a local lawyer, generally it shall be 50:50.
Contact some seasoned and prudent local lawyer
Rajendra K Goyal
(Expert) 04 October 2014
1. Court fee differ from state to state, consult a local lawyer.
2. No
3. Generally it would be distributed 50-50%, however, all documents and case file need to be shown to expert lawyer.
ajay sethi
(Expert) 04 October 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 08 October 2014
If you are sure that the flat was allotted on PH quota, you have proof that your sister alone paid all the EMIs and other dues, you can very well go ahead with a declaration suit to declare the title in her favor. For this you have to engage a seasoned and prudent lawyer to project and make strong pleadings in accordance. For all other details namely, court fee and other procedural formalities, the same lawyer may be of help to you, better contact one soon.
Surrender K Singal
(Expert) 10 October 2014
If she is already in possession of her own flat, nominal meagre court should be for declaration and permanent injunction; Hefty valuation based court fee is for recovering possession !
