• Court Fees for Suit u/s 22 of Hindu Succession Act

How much will Court Fees in the State of Himachal Pradesh (District Court) will be required to affix to the plaint in the following suit (1/5th share is valued at 20 lakhs, if that is relevant):

Civil Suit for Declaration that the Plaintiffs [4 SISTERS] being Class I Legal Heirs along-with
Defendant being successors to the estate of [LATE MOTHER] have the pre-emptive and preferential right to purchase the 1/5th undivided share of [ONE BROTHER] in suit property identified as [BUILDING] built upon land comprised in Khata/Khatauni No.____, Khasra No. ___, measuring ____ Sq meters situated at _____ under Section 22 of the Hindu Succession Act, 1956 and for Permanent Prohibitory Injunction thereby restraining Defendant from selling, alienating, encumbering etc etc in any manner whatsoever, 1/5th undivided share of [BROTHER] in the suit property identified as [BUILDING] built upon land comprised in Khata/Khatauni No.____, Khasra No. ___, measuring ___ Sq meters situated at ________ to any third party, stranger or outsider and for Mandatory Injunction thereby directing the Defendant [BROTHER] to execute the necessary sale deed pertaining to the 1/5th undivided share in the suit property in favour of the Plaintiffs [4 SISTERS]

Plaint under Section 26 read with Order 7 Rules 1 and 3 of the Civil Procedure
Code, 1908 read with Section 22 of the Hindu Succession Act, 1956.
Asked 2 years ago in Property Law
Religion: Hindu

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5 Answers

when the amount or value of the subject-matter exceeds rupees 4,00,000 (four lacs) the proper fee leviable shall be Rs. 6,248 (six thousand two hundred and forty-eight) plus forty-eight rupees eighty paise for each five thousand rupees or part thereof, in excess of rupees 4,00,000 (four lacs).

Ajay Sethi
Advocate, Mumbai
94232 Answers
7432 Consultations

5.0 on 5.0

Dear Sir, 

The fee payable is 8% of the same, for a civil suit worth 20 lakhs. Therefore, 1,60,000.

Thank you

God Bless

Anik Miu
Advocate, Bangalore
8555 Answers
105 Consultations

5.0 on 5.0

As you are seeking declaratory decree and consequential relief (mandatory injunction), the fees shall be paid on the value of the subject matter i.e. Rs. 20 lakhs (in your case). So, as per the Himachal Pradesh Court Fees Act, 1968 for Rs. 4 lakhs, the proper court fees shall be Rs. 6,248/-. For the rest of Rs. 16 lakhs, the fees shall be as per the formula i.e. Rs. 48.80 for each 5000 rupees exceeding Rs. 4 lakhs i.e. (Amount exceeding 4 lakhs X 48.80 / 5000) 

1600000 X 48.80 / 5000 = 15616

Therefore, the total court fees shall be Rs. 6,248 + 15616 = Rs. 21864/-

Hope this satisfies your query! All the best!

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

5.0 on 5.0

The court fee varies from one state to another.

The court fee is the state subject.

The applicable court fee may be enquired from a local lawyer in the place where you propose to file the suit. 

T Kalaiselvan
Advocate, Vellore
84432 Answers
2133 Consultations

5.0 on 5.0

- Court fee is not commonly fixed for all states of India , and it differs from state to state. 

- You can consult a local lawyer for knowing the same . 

Mohammed Shahzad
Advocate, Delhi
12932 Answers
187 Consultations

5.0 on 5.0

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