Court fee differs from state to state.
It will be around 6 per cent of face value of shares. In Gujarat, it is 7.5 per cent under Proceeding No. 10 of Gujarat Court Fee Act, 2004, subject to max of Rs. 75 K
Succession certificate fees?
My parents died without will in Gujarat. They have some shares in their name. How much would be court fees. Is there a cap of 75000? Could you please quote a section or code which will say the rules of court fees in this regard and cap? Your early response would be appreciated
Asked 2 years ago in Property Law
Religion: Hindu
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12 Answers
Court fee depends upon the amount left by your parents that would be distributed amongst you.
It's the maximum court fee for any amount of property for seeking succession certificate
Thank You very much Sir. I went through proceeding 10, court fee act 2004. Will share certificates be considered under property and fee will be calculated on face value?
Asked 2 years ago
What is the market value of shares as on date kindly clarify
under provisions of Bombay court fees act maximum court fees is Rs 75000 for issue of succession certificate
It would not be as per face value of shares but market value of shares as on date of applying for succession certificate
A share is treated as movable property like any intangible property like copyright. Fee is calculated on face of share.
Shares will be considered property
The court fee in general across the country for succession certificate case is 3% to the value of the assets that you have mentioned in the case as schedule of property.
After obtaining the decree for succession you may have to pay stamp duty which shall be an additional 3%. However you may clarify the exact percentage from a local lawyer.
The court fee has to be paid as prescribed in the Gujarat state court fee and stamps act to the value of the property shown in the schedule.
Dear Sir / Ma'am, The general fee across the country for a succession certificate is 3% of the value of the assets. After obtaining the decree for succession you may have to pay stamp duty which shall be 3%.
Thank You.
- As per law , after the death of father intestate , his property and assets can be claimed by legal heirs equally.
- Further for getting the outcome of the share a succession certificate is needed from the court.
- Court fees are different from state to state, and you can contact local lawyer for the same, however generally it is 2.5 to 3 percent on the actual value of the share on the date of granting order for succession certificate by the court .
approximate 3% of the value of the shares and the court fee shall have to pay at the end of the case when the court decides the case and is ready for issuance of the legal heir certificate.
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