Dear Sir, We have a inheritance property (commercial shop) in old rajinder nagar. we filed a case in dwarka court,delhi for partition. we are eligible for 1/7 share in this property but the property is not in our possession. now our lawyer said that we have to pay a court fee of the total circle rate. the circle rate of aforesaid property is Rs. 80 Lakh. he said we have to pay a court fee of Rs.1,50,000 but when we asked how he was calculate this he said when the plaintiff is not in the possession he has to pay 10% to 11% of the total circle rate. now my question is and how can we calculate the court fee or whether he guided us right or wrong?? because we people are not capable to pay a such kind of a huge amount AND I want to know that if we not deposit the court fees of the aforesaid property is the suit is maintainable?
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Do not make any payment towards such court fees as the court fees so demanded is very steep and there is no chance that court fees would be so high.
In WB the highest amount of court fees is rS.50,000/-.
Rather visit the court and meet the court official and seek his help. He will inform you the proper court fees.
Change this lawyer.
In suit for partition you have pay court fees depending upon market value of your share in property
2) court fees is state subject and varies from state to state
3) if you don't pay court fees suit would filed by you would not be numbered and would be rejected
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Your suit is not maintainable
The court fee for the partition suit is applicable as per the section 8 suit valuation act 1887 and as per court fee act 1870.
The computation shall be : ((c) Value of whole of property as determined by Section 3, 8 and 9 Section V Act.
For further details yo can enquire directly in the office of the court where the suit is proposed to be filed.
It certainly is not to the extent of what your lawyer informed.
1. your lawyer is wrong because court fee is applicable on ad valorem basis so you have to pay court fee in proportionate of 1/7 value of the property.
2. hence you have to pay 21428 as court fee (1/7 of rs 1.5 lac)
3. there is no flat rate of court fee, according to court fee act it is variable and a chart is given in the act in this respect.
1. Court fee is not uniform across India. So a Delhi based lawyer alone can answer this question.
2. If the plaintiff is not in possession then he has to pay ad valorem court fee.
