Civil Procedure Code (CPC)

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M Ramathulasahamma   27 July 2021

on GPA

if I am accepting GPA of my sister for filing suit for property, then court fee how to pay ? only ones fee ?


 14 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 July 2021

I think you have already consulted a local lawyer.  So ask him as the Stamp duties of Judicial or Non-judicial vary from one state to another state.

Dr J C Vashista (Lawyer)     28 July 2021

Stamp duty as well as Court fees are two different connotations which differs from a State to another, consult a local lawyer.

G.L.N. Prasad (Retired employee.)     28 July 2021

But, state the relation between GPA and court fees.

Raj Kumar Makkad   30 July 2021

Courtfee shall be additional if you are filing the suit on the basis of GPA issued by your sister in your favour.The rate of court fee shall be same as you are filing the suit on behalf of your sister on the basis of her GPA.

M Ramathulasahamma   01 August 2021

in this ,my sister,& my self become plaintiff& defendant sir? orelse we both sisters become plaintiffs?Actually my sister residing in USA,she gave GPA to me for filing partition suit . here we both have to pay court fee a/c to market value of the land sir?
1 Like

G.L.N. Prasad (Retired employee.)     01 August 2021

If the possession with one of the co-sharers the nominal partition fee of Rs.200/- needs to be paid (Presuming by name that you are in AP).  Your advocate while discussing the case can provide the correct fee depending on possession and status of such possession.

M Ramathulasahamma   02 August 2021

not 200/₹ sir ,according to valuation certificate of land fee to be paid. By accepting sisters gpa ,am I become the defandant ? or plaintiff? Here both of us to pay fee?

G.L.N. Prasad (Retired employee.)     02 August 2021

Please inform as to who is in possession of the said property.  Whether it is one of the co-sharers who should act as a trustee for others ?  If that co-sharers sold away the property, what was the value shown in that sale deed ?  Who is in possession and enjoyment as on date?

M Ramathulasahamma   02 August 2021

my mothers property. mother expired in2020 april sir. we sent the notices by our lawer to our brothers in 2020 September 23rd. our sister is in US. she is going to file suit. but brothers are going to sell the property. our mother is illiterate . Brothers made out a will , in that will ,there is no signature of the executant. witnesses are our brothers wifes friends. one witness is expired recently. This will is made out in 2011september I think. In the next immediate month , in October br other 1st , made out a sale deed of 11 cents in favour of his married daughter & here 1st brother & his daughters husbands father put sign as witness & in the next October month 3rd brother has got gift deed. but my mother gave me 3 cents site for me in 2011 out of 10 cents whereas 1st brother put sign in that as witness. 1st brother is living in my mothers house till now. but he also created 3 cents in favour of him. remaining 4cents mentioned in the will in favour of 1st brother. Is this will valid or not? can I play a role of plaintiff or defandant by accepting GPA which is given by the sister who is staying in california . Do I become the plaintiff or defandant sir?

G.L.N. Prasad (Retired employee.)     02 August 2021

Who is in possession of the property?

Whose name is recorded in revenue/Municipal records?

What prevents you in filing a declaration suit praying that the will is not valid and make all other legal heirs as defendants. ?

Possession determines the court fee.  The sale deed, gift deeds, etc show the value, and the court fee has to be paid on that value shown in such documents that are required to be considered.  Once the will remains canceled, as consequential relief, all other documents originating from will automatically stand canceled.   The cancellation has to be through Court only..  In your case, not only the legal heirs but those who derived a title through some other sale deeds/gift deeds must be impleaded as parties.  An injunction/stay order must be immediately applied to court against alienating of that property obtained through alleged fraudulent will.

Contact your advocate, a co-sharer's right is not affected due to fraudulent documents, and the court fee has to be paid on the value of that specific sale deeds to be set aside and not on present market value..  The plaintiff can make all other co-sharers as defendants and can pay court fee.  The court fee has to be paid as per eligibility of share.  (EX: The property was valued as Rs.1,00,000/-.  There are 5 sharers.  One of the co-sharer can file suit against all the other four members and the value that has to be considered is 1/5th value for paying the court fee.  That means the plaintiff has to file a court fee on his share of Rs.20,000/- only.

(Previously full bench of AP High Court ruled that market value has to be taken into consideration for court fee, but Supreme court interpreted the laid down clause in stamp act and ruled that lawmakers intended and that clause states the value of the property shown in the deed has to be taken into consideration for the calculation of court fee and not market value)

Partition suits, declaration suits on fraud are very complicated things, and engage a competent advocate that can guide your property. The will has to be challenged within the limitation period.  Hurry the process as your mother has expired in 2020 and you have to pay such declaration suit within 2023 or 3 years from the discovery of such will.   There is no use in seeking opinions through the forum and immediate action is warranted.

P. Venu (Advocate)     02 August 2021

There are two different aspects. Execution of the GPA and filing of the partition suit. The execution of the GPA involves stamp duty and varies from State to State.

Filing of partition suit requires court fees to be paid and this also varies from State to State, but there is additional court fee just because of GPA.

In other words, filing of the case through GPA involves additional expense towards its execution , but there would be no additional court fee.

M Ramathulasahamma   04 August 2021

please answer my querry sir

G.L.N. Prasad (Retired employee.)     04 August 2021

Madam

Please go through all replies given in 2 pages, where experts tried to get your point with no details, you can find their opinion.  Contact a local advocate and do not waste time in queries and leap into action.

M Ramathulasahamma   06 August 2021

till now I didn't get the answer Sir.

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