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Ca Divya Agrawal (CA)     06 January 2010

what rate of court fees to be paid?

If any person files a court case for claiming his share in ancestral property than how much court fees he has to pay?



Learning

 15 Replies

Raghav Sood (Lawyer)     06 January 2010

seek declaration rs. 100

if relief of possession is sought  then as per the market value of the property

Parveen Kr. Aggarwal (Advocate)     06 January 2010

In case the ancestral property is in joint possession including that of the plaintiff then, fixed court fee has to paid. But in case the plaintiff is not in possession of any portion of the ancestral property then he will have to pay ad valorem court fee.

Ca Divya Agrawal (CA)     06 January 2010

@parveen sir

is it lik plantiff has to deposit certain % of the property value to the court?

Parveen Kr. Aggarwal (Advocate)     07 January 2010

Yes. In case of ad valorem fee, the plaintiff has to pay court fee on the market value of the property claimed. The rates of court fee are prescribed in Schedule 1 appended to the Court Fee Act, 1870. The rates of court fee vary from state to state as different states have amended the schedule and prescribed their own rates of court fee.


(Guest)

Divya ji,

percentage of property value is not required to be deposited.  Parveen ji is right, Fees vary from state to state. If you are from Maharashtra and you can tell me the value of the property to be partitioned, I can tell you the court fees.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 January 2010

In case of seeking even possession of the  ancestral property, no any percentage of the value of the property is required to be paid as wrongly opined by various experts. Possession of even one co-sharer is treated as possession of all hence no question arises to pay any percentage. It is paid in case of tresspasser and not in case of co-.sharer

1 Like

Parveen Kr. Aggarwal (Advocate)     07 January 2010

Even in cases of co-sharers one co-sharer may not be in possession and the proposition that possession of one co-sharer is possession of all co-sharers is not true in all cases and there may be cases of ouster. As such, even a co-sharer is obliged to pay ad valorem court fee in case he is not in possession.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 January 2010

Mr Raj Kumar Makkad is absolutely right.

There is % of value of property in case of partition.  Only fixed court of Rs.100 or Rs.200 depends on whether you claim joint possession or not.

1 Like

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 January 2010

Please read it as

"There is NO % of the value of the property .."

Parveen Kr. Aggarwal (Advocate)     08 January 2010

Mr. Ramesh. In case it is established on record that the plaintiff (a co-sharer) is not in possession of any portion of the joint property then, certainly plaintiff will have to pay ad valorem court fee on the value of the property.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     09 January 2010

No its not necessary. A co-sharer is already having right and title in the property and possession of another co-sharer shall be deemed to be a possession of others. There is no question of ad-valorem court fee in case of partition suits. Please verify.

Parveen Kr. Aggarwal (Advocate)     09 January 2010

Yes. In case the defendant(s) claim(s) that the plaintiff co-sharer is ousted from possession and this contention is duly established on record then in that case even a co-sharer is obliged to pay ad valorem court fee like any other person suing for possession of the property. This is settled proposition of law.

girishankar (manager)     16 February 2010

Hmmmmmmmmm

CA Adarsh Agrawal (CMD of SHAYVIDZ Group)     07 March 2010

watz the exact position? can anybody clear this matter?


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