• Partition suit - court fee

Sir, I being Muslim  filed a suit for partition of my ancestral properties and paid fixed court fee. I pleaded joint possession over the plaint schedule properties. Other party filed written statement denying for partition. Subsequently, I found  two other houses and a vacant site were also belonged to my ancestors.  I filed a petition before the court to add the missing properties to the plaint schedule. The court took an objection to receive my petition stating that " when I did not add the subsequent properties at the time of filing of the suit, it means  I am not in joint possession of the same ."  Court further asked me "to pay the adveloram court fee on the market value of the properties which I sought for adding." Sir, I paid fixed court fee.  I am unable to pay further court fee on the market value of the properties which I sought for adding. Kindly advise me and give citations in this regard to exempt me from payment of addition court fee.   

Q: Whether I am liable to pay adveloram court fee on market value of my share, if I want to add properties in pending partition suit ?
Asked 10 months ago in Property Law from Madanapalle, Andhra Pradesh
Religion: Muslim
1) if you are amending your plaint and adding properties you would have to pay additional court fees on the market value of properties 

2) the court order does not suffer from any infirmity 
Ajay Sethi
Advocate, Mumbai
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Hi 
You need to pay the adveloram court fee to add the new properties in the pending partition suit. or else these properties will be excluded from partition. 
The best way could  be that your lawyer can submit a petition to the court and state that  you can pay 50% adveloram court fee now and balance before the issues are finalised, the court may accept your proposal. speak to your lawyer. 
Rajgopalan Sripathi
Advocate, Hyderabad
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1. The court is wrong in doing so. At any point of time  the party can amend the plaint to add more properties of the same is subsequently discovered.
2. In partition suit only fixed court fees paid. There is no way one is asked to pay court fees of market value.
3. So file a petition on amendment of plaint. If the court rejects it or has already rejected it then file Revision ion high court. The order of lower court will be set aside.
Devajyoti Barman
Advocate, Kolkata
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In the case of partition suit the court fee is fixed. You can amend your plaint any time before starting the trial. There is no way one is asked to pay court fees of market value.

At the time of Final decree you have to spend  the amount for registration of document up on your share. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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The ad valorem court fee is to be computed on your share in the properties. You can apply to the court to exempt you from paying court fee. The court has the power to permit a person to sue without payment of sufficient court fee if the plaintiff is unable to pay it due to his financial constraints. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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 In a suit for partition and separate possession or joint family property or property owned,jointly or in common, by  a plaintiff who is in joint possession of such property, fee shall be paid at the following rates : When the plaint is  presented to-
(i) a District Munsifs Court- Rupees fifty. 
(ii) a Subordinate Judges Court or a District Court-  Rupees one hundred if the value of plaintiffs share is less than Rs. 10,000. Rupees two hundred if the value is not less than Rs. 10,000.
If the details of properties which were not included in the initial stage have been included subsequently, it cannot be said that this property shall not be included in the existing partition suit and the court cannot conclude the way what you have expressed above.  You may ask the court to dismiss the petition filed under Order VI Rule 17 against which you can prefer a revision before the district court or high court accordingly.  There is no legal infirmity in requesting the court to amend the plaint to add new schedule of property under Order VI Rule 17 CPC.  Also since this is a partition suit and the relief sought in the proposed property to be added is also partition only hence the court fee applicable for partition suit only need to be paid and not advalorem fee.



Whether I am liable to pay adveloram court fee on market value of my share, if I want to add properties in pending partition suit ?
No, not necessary, you may refer to my previous answer in this regard.


T Kalaiselvan
Advocate, Vellore
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