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subodh ahire (Service)     23 February 2024

Court fee for declaratory suit

I've purchased flat in 2022. Loan sanctioned on my name and down-payment done by mother but that time my wife fight and asked me to include her name in flat due to which we added her name in loan as well in registration of this flat.

Post purchase of flat my wife initiated various fights and eventually went to police with fake complaint (which is handled). She's living separately and not withdrawing her name from property. She had not paid any single rupee in any transaction of flat purchase or maintenance.

Local advocate suggested to file Declaratory suit of injustice but few advocate asking huge money like 30k-40k as court fees and saying that's mandatory whereas some saying no need of such huge court fee as its not recovery case we just need courts order to instruct registrar and bank to remove her name as neither on basis of her income I avail this loan nor she contributed anything in payment. 

This seems bit confusing to me:
Could you please clear in this case where we need declaratory suit to instruct registrar to remove her name from ownership as loan passed for me and all EMI's paid by me only What should be court fee?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

You cannot file any suit seeking direction to the registrar to remove her name from the property registration records.

You may have tio file a suit for declaration to declare the title on your name alone for the reasons you rely upon which will pave way for an automatic deletion of her name from the title of the property.

However the bank cannot remove her name as coapplicant until you replace her with someone else as per banking rules. 

Dr. J C Vashista (Advocate )     24 February 2024

I agree with the opinion and advise of expert Mr. T Kalaiselvan, declaratory suit is not maintainable in the instant case.

Court fees is a State subject, which differs from a State to another.

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