kbg (accounts officer) 29 May 2012

Partition suit -- value of court fee payable

Experts,

I have following questions relating to my joint - name residential flat in District Gautam Budh Naghar, Noida.

1. This flat was purchased in 2003, and got registred at sub-registrar office noida, paying a total of one lakh, fourty thousand as stamp duty charges, on a total value of Rs. 17 Lakhs.

2. The current price of flat as per the circle rate should be around Rs.45 Lakhs, even the market price is higher than the price of flat at circle rate.

3. This is joint name property, other owner being my partner.

4. At present my partner has got the full possession of the flat, and he is using all the accomodation, even enjoying rent by subletting.

5. The loan for this flat is on joint names, and i had paid installments till two years back, and now he is paying the installments, as there is five years more remaining for loan to be settled.

My question is

1. Can i file a partition suit.

2. what is the percentage of court fee in District GB Nagar, and whether it is calculated at the registered

price (in 2003) or current market price.

3. In a partition suit, has one to submit the stamp duty at the time of getting possession certicate

or at the time of filing the case.

Thanks in advance,

KBG

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4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 29 May 2012

whether Apartment is purchased in your name or joint name?

kbg (accounts officer) 29 May 2012

@Aravinthan, this apartment has been purchased in joint-name only as metioned in my query also.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 May 2012

Dear Querist,

1. You being the co-owner - can certainly go in for a Partition.

2. Current Rate.

3. At the time of filing of the case, However you can seek permission to sue as an indigent (in forma pauperis) if you don't have sufficient assets to pay the court fees. (Your share in this particular property won't be counted towards ascertaining your assets)

Feel free to talk !

Regards,

Bharat

Advocate

kbg (accounts officer) 29 May 2012

Thanks @Bharat for your answers, could you please eloborate the point no. 3 a bit, what I follow is that if I do not have sufficient money to pay the court fee at the time of filing the case, permission can be sought to pay later. Suppose i have all that money which is required for court fee, and i pay all that, what would i do if tomorrow some medical emergency comes...and various other kinds of contegencies...

Thanks in advance,

kbg