• Legal rights of married Hindu female regarding father's property and court fees

My mother has 1 elder sister and 3 younger siblings.my maternal grand father expired in 1998 without a will. Rest of the family is alive. 
Problem - he left behind significant property. The sons sold off some of it . They are trying to dispose off the rest.
She was born in 1959 and was married in 1976 . They did not receive my mother' consent when selling off the property . We are filing a suit for claiming share in property which comes to 1/6 th of property.

My question is - is court fees applicable in this case ? If yes, how much ?? And is the court fees refundable ?? The property is valued in crores as its a commercial area. If am unable to pay the court fees , what are my options ????
Asked 9 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu

Court fee is definitely applicable. The amount depends on valuation of suit. And it's non refundable. 

However, that should not an issue for you. You will have to appoint a lawyer to represent your suit appropriately.... & If you are able to afford a good lawyer's fee... Well court fee is peanuts compared to that!!

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1104 Answers
2 Consultations

4.4 on 5.0

Court fees applicable 

Apply to court to pay part and for balance give an undertaking, if that is permissible

Alternatively you can file a pauper/indigent suit without paying court fees at the moment

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

 

Your mother has  to pay court fees depending upon market value of one sixth share of property 

 

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

 

3) if your mother arrives at settlement with her  siblings during pendency of court she can seek refund of part of court fees paid by her 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

yes court fee is applicable if possession is not with you.

Yes not complete but major portion of court fee is refundable 

If you are enable to pay , you have to seek leave of the court and file as pauper.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

The court fee depends on the asset value and varies from state to state..
Court fees only refundable when parties decided their case on compromise basis in lok adalat other wise not refundable..
 if the plaintiff withdraws the case before the stage of trial, Half of the Court fee may be refunded..
Suit is not maintainable without payment of advalorem court fees on cancellation of an instrument. The fees is payable as per the consideration mentioned in the instrument. It has nothing to do with circle or market rate. You can move application under order 33 of CPC if u are indegent for permanent exemption of court fees.

 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there is no will as such which gives any right specifically to her brother to sell it then and now also.
  2. Yes, irrespective of the value, you will have to pay the court fees according to the value of your share in the property.
  3. But, there has been a provision in CPC to request for waiving off or reducing the court fee before the civil court of law.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

Your mother is entitled to her legitimate rights out of her father's property for her 1/6th rightful share in it.

Since for filing any case appropriate court fee have to paid you cannot claim any exemption towards it.

The court fee is a local subject, since you are already into the litigation you may enquire about the same locally.

 

The court fee is not refundable until the suit is withdrawn as not pressed.

The court fee shall be paid for her 1/6th share only that too as per government guidelines value only.

If you are unable to pay court fee then may get an exemption through a decree passed in the pauper petition case that can be filed by you in this regard.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1. If your maternal grandfather passed away intestate i.e without making a will then all his properties have devolved through intestate succession on his widow and all children equally. The share of a daughter is at par with that of son in the self acquired and separate properties of father.

 

2. The remedy in your sister's hands is to file a suit for partition to cull out her share in the properties of her father. She should also challenge the alienation made by her brother and further seek injunction against the sale of remaining properties during the pendency of the suit.

 

3. The court fee part of the question can be answered by only a local lawyer as it varies from one state to another. It is refundable only in the event of a decree being passed on the basis of a compromise. If you are unable to pay the court fee then you have to seek the leave of the court to sue as a pauper.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Yes your mother have all rights to get 1/6 property. A fixed court fees needed for partition suits, court fees won't refundable, discuss with concerned lawyer how much it is. 

Unnikrishnan
Advocate, Kollam
7 Answers

Not rated

Dear Madam,

Your mother will get her share and in partition suits normally the Court fee will be calculated not on market value but a fixed rate of Court fee is to be paid. Please check Andhra Pradesh Court fees and suit valuation Act to know about actual Court fee to be paid. Your mother will definitely get her due share but it may be delayed for few years.

Kishan Dutt Kalaskar
Advocate, Bangalore
4438 Answers
112 Consultations

5.0 on 5.0

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