I purchased 900 Sq. Yards from my money and I did registration along with two persons (sameer and Raju) for different reasons. Now I want to sell this plot, they became hostile and demanding specific share in it. 1. All the registry original sale deed papers are with me. 2. All the D. D’s amounts I paid to seller from my bank account 3. As per their financial status, they are in no position to prove how they purchased this plot. Recently I came to know that they tried to sell their undivided share, I took a status quo order and stop their activities to sell this plot. Now my Questions Is : Consideration amount has not been paid by joint owner to purchase a property now the co owner who bear all the expenses wants to go for suit of declaration but he need to cancel the sale deed and has to pay the court fees, is there ANY JUDGEMENT by any High court or Supreme court giving order for exemption of court fees
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Even though you only funded for the purchase of this proeprty, since the property has been registered on joint names i.e., including them, they are considered as joint owners.
You cannot ignore them and sell the property ion your own.
If they do not have sources to pay the court fee, they can file a petition seeking to declare themselves as pauper in order to get exempted from paying the court fee for the proposed suit to be filed seeking cancellation of sale deed.
See you cannot be exempted of court fee in the civil suit if you are in capacity to pay you have to pay same.and then you have to file the suit otherwise if no capacity then you can file a pauper as per per order 33 cpc.
You have to file declaratory suit that you are absolute owner of property
2) pay court fees based on market value property
3) there is no exemption from payment of court fees
1. You may have the original sale deed and paid the entire sale consideration but the other two are also co-owners, hence you cannot sell the property unless they also execute the sale deed. It was unwise in the first place to have made them co-owners.
2. He cannot be exempted from payment of court fees unless he sues as a pauper.
Who has the possession of the plot and in which year you had purchased this plot. On adverse possession ground you can ask the title from court and make it clear title property on consideration paid ground. But here the first burden of proofs will be lays on your shoulders.
There may be high court or supreme Court judge ments like your scenario..
Court fee can be only exempted in some conditions like pauper suits and BPL litigants
Without original property docuemtn, cannot sell. But fraud is expected.
Person who actually contributed in purchase is actual owner.
For the purpose of injunction, the value of property would not be a criteria for valuation and when consequential relief is prayed for, the market value of the immovable property would not be the criteria for the purpose of pecuniary jurisdiction.
Plaintiff is free to evaluate his suit for the purpose of pecuniary jurisdiction and claim for declaration.
The court has power under order 33 of c.p.c to
exempt court fees for filing a suit by a
indigent/pauper person but before passing the
exemption of court fees order court makes an
enquiry about his indigence..
1. No there is no way you can get extemption from payment of court fees for institution of suit.
2. If you want to file suit then you have to pay court fees otherwise suit can be dismissed due to non payment of court fees.
When there are 3 names then it doesn't matter whether they paid the money or not. As long as their names are there they are joint owners of the property.
You can go for cancellation of sale deed but for exemption there have to be genuine reasons for the same.
