• Court fee payable on partition suit for inherited property

Myself and younger brother have filed a suit against our elder brother regarding partitioning of 3 inherited flats which are in the name of our Late Parents. At present he is in possession of all 3 flats, valued totally around rupees 90 lakhs. Flats are located in Ahmedabad. We were told that for property worth Rs 15 Lakhs and above, the Court Fee is Rs. 75,000.00, However, since we are 2 petitioners, we need to pay double that amount. Is this so? Where can I find rules pertaining to property cases in Guj. state?
Asked 7 years ago in Civil Law

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6 Answers

1) in partition suit court fees would depend upon value of your share in property

2) if 2 brothers are filing suit for partition they would have to pay court fees upon market value of their share in property

3) separate court fee for each brother share would be payable

4) court fees is state subject and varies from state to state

5) your lawyer can guide you as to exact amount of court fees payable in your state

6) you can purchase gujrat court fees act from local vendor selling law books

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. Only the person filing the suit has to submit court fees.

2.Both petitioner and opposite party do not require to submit court fees.

3. Since court fees differs from state to state the best way to remove the confusion is to visit the court and talk to the court officials.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

1) THE GUJARAT COURT–FEES ACT, 2004 will be applicable in your case.

2) Please refer to Part I , Schedule I , wherein if the value of property is Rs15 Lakhs, the advalorem fee is Rs29,950-/-

3) Also you should ascertain the value of property as per government values and not market values.

4) To ascertain government values you need to visit the sub-registrar with property details and the sub-registrar will provide you the fair market value of property certificate based on which you can pay the court fees.

5) Normally in a suit of partition between brothers, court fees is payable as per claimant's share of claim of properties.

6) In your case, your lawyer seems to have arraigned 2 petitioner instead of 1.

7) So your lawyer can request the court for exemption to pay the court fees for and on behalf of the other brother at the time of decree under section 149 of Civil Procedure code.

8) Normally experienced lawyers handling partition suits will array 1 brother as petitioner and other 2 as defendants and pay the court fee for 1 claimant so as to save costs for parties as the subject matter of the suit is common to all parties and the consenting brother can file an adapt memo agreeing with the petitioner/defendant.

Hope this information is useful.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

The court fee has to be paid as per the market value and to that fraction which the share is being sought.

Since, the claim is in respect of 2/3 share of the .joint Hindu family estate you may have to pay 2/3rd court fee as per market value, i.e.. court-fee should e be paid on the market value of the fraction claimed in the suit.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) full court fees have to be paid upfront

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

The court will not take up the case on its files without court fee paid in full.

There is no question of paying court fee in installments.

If you file a suit then you have to comply with the necessary rules in that regard including payment of court fee.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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