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ravisharma   12 December 2016

Court fees

I am going for partition suit for huf property (land) in rajasthan. .. I do not have physical possession of the property.. what will be the court fee applicable on me if the dlc rate of the disputed property is more than 10lakhs?


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 5 Replies

Ms.Usha Kapoor (CEO)     12 December 2016

Around Rs. 2 ,30,000 cpurt fee is payable(approcximately)..If you APPRECIATE THIS ANSWER PLEASE GIVE ME ALL MY PROFILE LIKES.

G.L.N. Prasad (Retired employee.)     12 December 2016

You have to get a market value certificate from Sub-Registrar, and depending on that valuation, certain percentage o tax has to be paid. Further the court fees have to be paid on the proportionate share prayed in the plaint. For example if the property valued was Rs.10 laks, if you are eligible for a share of 1/4, you have to pay court fee upto the 2.50 lakh only. In worthy and deserving cases, you can also seek legal aid of Legal services authority, if you are eligible for such financial assistance.

Dr J C Vashista (Advocate)     12 December 2016

Court fees is a State subject which varies from one State to other. You may be asked to pay ad-valorem court fees for your share, as per circle rates applicable in Rajasthan, which is Rs. 4875+7% of the value exceeding Rs. 75,000 (between the range of Rs. 75,001 to 2,50,000) i.e. less than Rs. 2,50,001/-.

If you are not in physical possession, you might be in constructive possession, if you are claimining/seeking partition, in that case also you are required to pay fixed court fees.

Consult a local prudent lawyer before making payment of court fees.

G.L.N. Prasad (Retired employee.)     12 December 2016

Also remember that if the possession is with a co-sharer, in un  divided property, it is deemed that he is having possession in his capacity as TRUSTEE for all members in the same family.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     13 December 2016

Dear Ravi Sharma,

You can pay only an amount of Rs.200/- towards notional value of the property as the court fee and since the value of share can be ascertained at the time of execution of the decree. Even though you are not physically in possession of the property, it is treated that you are one of the legal possessor of the properties held by the HUF. 


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