Heirship certificate

rajendra (Querist) 18 September 2021 This query is : Resolved
I read in an earlier post that

In a landmark order, the HC Taxing Master ruled that legal heirs seeking transfer of a flat in a CHS after the death of the owner need to pay court fees on the value of the share in society and not the market value of the flat. In a CHS, each flat owner is issued five shares valued at Rs50 each. This order will benefit persons applying for a succession certificate for a flat in a CHS as till now, they were required to pay a court fees calculated as a percentage of the market value of the flat.

In Pune, I inherited a a plot in a CHS with a home constructed by my late parents. The nomination stood in my name as well as my younger brother's name, with my name standing first. The society transferred the share certificate in line with the nomination, which was opposed by my brother who is in possession of the plot. To crystallize my share of 50%, I applied for a Heirship Certificate in Pune Civil Court, which issued a heirship certificate in my name to the extent of 50% share. The heirship certificate was issued in December 2018. I paid Rs. 75,000/- for the same as court fees.

May I know as whether there is a distinction between flat type CHS & plot owner type CHS for applicability of the court fees. The plot has a lease deed of 998 years executed between the society & my deceased father.

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Quick Summary

This discussion clarifies court fees for heirship certificates when transferring property in a Co-operative Housing Society (CHS). A recent High Court order established that court fees should be based on the share value within the society, not the flat's market value. The original poster paid a significant court fee for an heirship certificate for a plot in a CHS and is seeking confirmation on whether the court fee rules differ for plot owners compared to flat owners.

P. Venu (Expert) 19 September 2021
Is this not a repeated query with slight modification of facts?

rajendra (Querist) 19 September 2021
Dear Sir,

It is not. My query is about applicability of court fees. All that I would like to know is whether it is applicable in respect of plot type societies, since I paid it to get the certificate. Thanks you.

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