LegalFighter (test) 07 July 2026

Need clarification on court fee calculation for declaration suit in tamil nadu

My uncle purchased three residential plots (1,500 sq. ft. each) in a DTCP-approved layout in Hosur, Tamil Nadu, in 2016 from a promoter. Later, the promoter allegedly redesigned the entire layout and included our plots in the revised layout, effectively depriving us of them.

We challenged the revised layout before the Madras High Court through a writ petition. The High Court did not decide the merits and instead granted us liberty to approach the competent civil court.

Our advocate now proposes filing a declaration suit but says we must pay court fees equal to 3% of the guideline value of the land.

My questions are:

- Is 3% of the guideline value the correct court fee for a declaration suit in Tamil Nadu?

- Which provision of the Tamil Nadu Court-Fees and Suits Valuation Act governs this calculation?

- Does the court fee depend on the specific relief sought, or is 3% the standard rule for declaration suits involving immovable property?

I would appreciate guidance from advocates familiar with civil litigation in Tamil Nadu.

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Quick Summary

This discussion seeks clarification on the court fee calculation for a declaration suit concerning immovable property in Tamil Nadu. The user was advised to pay 3% of the guideline value, but questions whether this is correct and which provisions of the Tamil Nadu Court-Fees and Suits Valuation Act apply. Experts suggest the fee calculation depends on the specific relief sought, such as declaration with possession or injunction, and may fall under different sections of the Act, potentially impacting the valuation basis.

4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 07 July 2026

It may be Rs. 200 to 750, depending on the property value. It varies depending on the declaration with possession or declaration with consequential injunction.

T. Kalaiselvan, Advocate (Advocate) 07 July 2026

3% is the current rate, but it is generally calculated on the market value of the property (which often aligns with the government guideline value or guideline value under Section 47-AA of the Indian Stamp Act), rather than a random valuation.

The assessment of court fees for a declaration suit is governed primarily by Section 25 of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 ("Suits for declaration").

The 3% standard rule does not apply universally to the full market value across all declaration suits. Instead, Section 25 splits declaration suits into distinct categories depending on the exact nature of the relief and whether consequential remedies (like possession or an injunction) are sought.

If you are an executant of a sale deed seeking to declare it null and void, courts in Tamil Nadu typically redirect the computation under Section 40 (Cancellation of Decrees/Deeds) instead of Section 25, which also commands the 3% rate on the consideration value stated in the document.

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Dr. J C Vashista (Advocate ) 08 July 2026

Very well analysed, oined and advised by learned expert Mr. T Kalaiselvan, I endorse the same.

Court fees is a State subject which differs from a State to another, in the instant case Tamilnadu Court Fees Act shall prevail. Suits shall be valued for the pupose of jurisdiction as well as payment of court fees (as per market rate) for the relief claimed.

In the instant case you want to file a declaratory suit for which valuation of suit for relief is fixed at Rs. 200/-in Delhi, which is generally same all over India, however, check it with local.

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P. Venu (Advocate) 08 July 2026

To my knowledge, Court fee depends upon the reliefs sought. For the purpose of valuation for court fee purpose, it is not necessary that guideline value is adopted.