• Suit for declaration and possession

What is the court fee for  filing a suit for declaration and possession in high court ?

Under what circumstances we file this suit ?


Roughly, how long will it take for the final judgement ?
Asked 2 years ago in Property Law from Pathanamthitta, Kerala
Suits for declaration.-In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26-

          (a)where the prayer is for a declaration and for possession of the property to which the declaration relates fee shall be computed on the market value of the property or [5][rupees one thousand] whichever is higher;
          (b)where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on [6][rupees one thousand] whichever is higher;

          (c)where the prayer relates to the plaintiff’s exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the amount at which the relief sought is valued in the plaint or on [7][rupees one thousand] whichever is higher;
          (d)in other cases-

                (i)where the subject-matter of the suit is capable of valuation fee shall be computed on the market value of the property, and
               (ii)where the subject-matter of the suit is not capable of valuation fee shall be computed on the amount at which the relief sought is valued in the plaint or on [8][rupees one thousand] whichever is higher;

??????????????26.Adoption Suits.-In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates:-
 

[9][(i) In a Munsiff’s Court Rupees fifty if the market value of the property

involved in or affected by the relief is Rs.5000 or less

 

Rupees one hundred and fifty if it exceedsRs.5000 but

does not exceed Rs.15,000
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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same court fee as you have paid before the trial court. you can challenge the same if you are not satisfied with the decree passed by the trial court. the time for completion of the appeal depends on the burden of the court.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
the court fees would be as per court Fees act of your state . no time frame can be given for disposal of suit . depends upon pendency of court cases in your city .
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
The court fee is not uniform throughout India. Every state has different slabs for court fees. Your local lawyer would be able to tell you the amount of court fees. 

No time frame can be told beforehand regarding the disposal of suit.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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