• Court fee

I have filed a suit for declaration and possession which falls under section 25 a of tncf act.The district judge had ordered me to pay court fee based on the market value of the property.
The plaint was filed in 2013. At that time court fee is 7.5 percent of market value. At present when the order was given it is 3 percent of market value.
What percentage that i have to pay court fee?
Which market value i need to consider 2013 market value or at the time of order date?
Asked 4 years ago in Civil Law

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11 Answers

1. The court fees is to be paid on the suit value and it is to be calculated at the relevant point if time.

2. it appears there is amendment in the TNCF Act and if that is so then kindly refer to the sections , if any, regarding the retrospective effect of the Act for the pending litigation.

3 if there is none then you will have to calculated the value at the present time.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

7.5 percent of market value at time of presenting the plaint I.e of 2013.

The court fee shall be payable as it was to be at time.of filing/presentation of the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There is no retrospective effect on the TNCF amendment act. The plaint filed in the year of 2013 therefore you have to pay 7.5 % court fee on the 2013 market value of the property.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Dear Sir,

If the District Judge order is not specific then you have to pay the court fee on the market of property as on the date of filing of the suit. It is the proper procedure. To proceed the litigation you may otherwise interpret and try to pay only 3 percent and if rejected by District Court then went to the High Court. Court are play grounds for litigants.

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http://ecourts.gov.in/sites/default/files/Court%20fee%20Amendment%20act.pdf

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Mixed reaction from lawyers to amendment to TN Court Fees Act

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The Tamil Nadu Court Fees and Suits Valuation (Amendment) Act, 2017, which came into force from March 1, has evoked mixed reaction from lawyers practising in the Madras High Court Bench here.

While some express concern over steep increase in court fees, others say the amendments could pave way for evasion of court fees by simply getting civil suits referred to mediation centres without the intention of settling the dispute.

L. Shaji Chellan of All India Lawyers Union (AILU) says the increase in the quantum of court fees to be paid for various kinds of cases was completely unacceptable since “justice delivery should be considered as a service and not a business.”

He insists that Bar Associations across the State must raise the issue with the authorities concerned and make sure that the litigants do not end up being burdened with heavy costs for approaching courts.

On the other hand, S. Srinivasa Raghavan, former vice-president of Madurai Bench of Madras High Court Bar Association, says the increase in fee for revision petitions, writs, partitions suits and caveats were very reasonable and justified. Implementation of uniform court fee for civil suits across all courts in the State is also a welcome move though increase in the fee for suits relating to immovable properties from 1% to 3% is a matter of concern.

“It is a pretty steep hike for arbitration matters. Same is the case with petitions filed under the Negotiable Instruments Act, but the silver lining in these kind of cases is the cap fixed at ₹10,000,” he says, adding the grey area in the recent amendment is the replacement of Section 69A with a completely new provision which enables refund of court fees even if a case is simply referred for mediation, irrespective of the result of such mediation.

“This would encourage litigants to get the court fee refunded by voluntarily urging the court to refer the matter for mediation.

“Since there is no provision in the Act for collecting court fee once again for the same case, they may not agree for settlement in the mediation and get the case transferred back to the court. This anomaly should be corrected at the earliest,” he points out.

Further referring to Section 7 of the Act which states that court fees should be determined on the basis of the market value of a property as fixed under Section 47A of the Indian Stamp Act, 1899, he says: “This provision may again lead to a lot of litigations on the aspect of determination of market value itself apart from the original list.”

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

you have to pay market value as on date of filing of suit

2) you dont have to pay market value prevalent today

3)court fees has to be paid at 7.5 per cent of market value prevalent on date of filing of suit

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You can pay the current applicable rates.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Hello,

The court fee that was there at the time of filing the suit will have to be paid i.e., court fee at the rate of 7.5% of market value will have to be deposited by you.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

As per Court Fees act -

sec 12. Decision of questions as to valuation.—

(i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.

So let the court decide of which date, % of fee will apply, If aggrieved by the order, file appeal.

U can seek your defense that if fee payable acc. to 2013 % than market value of that time should be taken.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello sir , of the order is not specific , then you have to pay as per current market value

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

It depends upon from state to state to charge the court fees.

But, in your case you would have to in accordance of the previous rate as you have taken court time since that day when you filed the suit.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client

Actually the percentage of court fee in your case is 6.5 percent

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

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