• Court fee

I have a property at Talegaon Dabhade, Pune. This property is on my and my uncle's name. Plot area is 2500 sq.ft and a house constructed on the same of 950 sq.ft. If I want to ask for partition of said property, then how much court fee stamp or stamp duty I need to pay at the time of submitting a civil suit for partition of said property?
Asked 2 years ago in Property Law from Pune, Maharashtra
1)you have to pay court fees for filing suit for partition .

2) it would depend upon market value of your share of property as per ready reckoner rates . 

3) local lawyer in PUne would be able to guide you as to exact amount of court fees payable for your share of property
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
For partition suit you need to pay Rs  500  as court fee and if injunction us needed pay Rs 50. Then when it gets ordered each share holder must pay a court fee as  Rs 500
     Partition suits.- (1) In a suit for partition and separate possession of a share of 
joint family property or of property owned, jointly or in common, by a plaintiff whose title 
to such property is denied, or who has been excluded from possession of such property, 
fee shall be computed on the market value of the plaintiff’s share. 
(2) In a suit for partition and separate possession of 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:— 
Rupees fifteen if the value of plaintiff’s share is Rs. 3,000 or less; 
Rupees thirty if the value is above Rs. 3,000 but not more than Rs. 5,000. 
Rupees one hundred if the value is above Rs. 5,000 but below Rs. 10,000 and 
Rupees two hundred if the value is Rs. 10,000 and above. 
(3) Where, in a suit falling under sub-section (1) or sub-section (2), a defendant 
claims partition and separate possession of his share of the property, fee shall be 
payable on his written statement computed on half the market value of his share or at 
half the rates specified in sub-section (2), according as such defendant has been 
excluded from possession or is in joint possession. 
(4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the 
defendant seeks cancellation of decree or other document of the nature specified in 
section 38 separate fee shall be payable on the relief of cancellation in the manner 
specified in that section.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. The Court fee to be charged for partition is a state subject and varies from state to state,

2. Such Court fees depend on the market value of the property you are seeking to own with the partition suit,

3. Visit the local registry office to acsertain the market value of the property as considered by them,

4. Engagae a local lawyer to file the partition suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi, the court payable is different from one state to another normally in state of karnataka Rs 200/- is court fee but it varies in other state so you can better contact local advocate in this matter.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
A. Court fee would be calculated on the basis of Market Value of the property.

B. Approach local court and meet the court sheristedar /officer/registrar to know the court fee with respect to your property.

C. Court fee to be fixed as per the state laws from one state to another state..
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. The court fee is to be computed with respect to the market value of the property to be partitioned. The slab of court fee for filing a suit for partition is not uniform throughout India as all states have their own slab. 

2. You should first ascertain the market value of the property from a ready reckoner. Thereafter a local lawyer will be able to tell you the exact amount of court fee to be paid at the time of filing the partition suit.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hello,
There is no uniformity about court fee across the states in the country as it varies from one state to the other.
The court fee is determined on the bsis of the market value of the portion of the property that should come to you.
You can get obtain the market value by referring to the Ready Recknor.
You will certainly need the help of a local lawyer to file a suit for partition.Engage a lawyer locally ,he/she should be able to help you with the exact amount and file the suit as well.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
hi,
 court fee shall be as per bombay court fee act, and it is  on the share of your right claimed, the amount shall be based on the market value and the same is checked  decided by the registrar in the court filing department for the purpose of valuation at the time of filing the suit.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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