Is court fees mandatory to get legal heirship certificate

Amit Joshi (Querist) 29 November 2023 This query is : Resolved
Is "Court Fees on valuation of immovable property" is mandatory to get Legal Heirship Certificate from Court in Maharashtra ?
I am going to get Legal Heirship Certificate for applying legal heir at Land Records Department in Maharashtra.
Is there any way by which we can avoid such court fee ?

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This discussion explores whether court fees are mandatory when obtaining a Legal Heirship Certificate in Maharashtra, particularly for immovable property. While the revenue department typically issues these certificates with nominal fees, recent changes in Maharashtra may necessitate approaching the court, potentially incurring fees based on property valuation. There's debate on whether exemptions apply, especially when only formal recognition of heirs is involved.

kavksatyanarayana (Expert) 29 November 2023
For an asset valued between Rs 1,001 and Rs 50, 000, it is 2 per cent, for Rs 50,001 to Rs 2lakh it is 4 per cent, between 2lakh and Rs3 lakh it is 6 per cent and above Rs3 lakh it stands at 7.5 per cent with a maximum ceiling of Rs 75,000.

Amit Joshi (Querist) 29 November 2023
@Kavksatyanarayan Sir, Is it mandatory to pay ? Is there any other legal way to avoid it ?
Because in WRIT PETITION NO.3458/2021 [Bombay High Court (Nagpur Bench)] it says no Court fees when only formal recognition of Heir involved.

kavksatyanarayana (Expert) 30 November 2023
No such exemption to my best. To issue a legal heir certificate Rs. 2 for a stamp and Rs. 20 for stamp paper for affidavit will be required. For the succession certificate, 2-3 per cent of the total value of the property will be charged.

T. Kalaiselvan, Advocate (Expert) 01 December 2023
The legal heirship certificate is issued by the revenue department at a minimal or nominal fee. The legal heirship certificate issued by the revenue department would be sufficient to acquire the immovable property hence you neither have to approach a court of law nor have to pay any court fee for this purpose.

Amit Joshi (Querist) 01 December 2023
Shri T. Kalaiselvan Ji, In Maharashtra, Power to issue Legal Heirship Certificate by Revenue Department is revoked by State Government. And So it make it Compulsory to go to Court for such Certificate.

T. Kalaiselvan, Advocate (Expert) 01 December 2023
The legal heir ship certificate is issued for the acts pertaining to immovable property.
It is issued by the revenue department.
The succession certificate is obtained to deal with the movable assets of the deceased and this will be issued by a court of law.
You can apply for a legal heir certificate in Maharashtra through an offline mode.
: Visit the Taluk office and look for your district's Tehsildar. He/she is an authorised officer to issue you an application form for a legal heir certificate.

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