Ancestral property for injection order
My ancestor having property in 1941 after that some one captured in 1985, in 2006 they registered with fake documents, we have some evidences for that, my question is which order we need to place in the court to get the injection ? and as per government value property cast 3.5 cr, how much court fee I need to pay in high court of Andhra Pradesh?
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
1. You should file a declaratory suit praying for declaration that your ancesters owned the said property and you are the present legal heir of the said property,
2. In the said suit also pray for an order upon the registrar for cancellation of the registration of the said property with the said fake documents,
3. While filing the said suit, you should submit documents evidencing the ownership of the property by your ancester,
4. The Court fee will be the highest prescribed in your state in your case.
1) what action was taken by the legal heirs when property was encroached upon in 1985 ?
2)did you file any police complaint ? did you file any suit for eviction of encroacher's?
3)when registration was done with fake documents in 2006 did you file any suit to direct registrar to cancel the registration of the said property?
4)did you file police complaint of forgery?
5)you will have to move court if you have not already done so and explain the reasons why no action was taken by you for so many years.
6) when was the fraud discovered by you ?
7) court fees for filing suit would be as per court fees act prevalent in state of AP
8) better contact a local lawyer
Hi, you have to file a suit for deceleration and possession of the property and you have to pay the court fee as per market value of the property and actual amount of court fee want to know then you have to contact local advocate and some of the advocate are available in this site also you can also contact them for your assistance.
You are advised to file a suit for recovery of possession and declaration of title. You are very close to exhaust the limitation period as you stated that the possession lost in the year 1985. As advised suit for recovery of possession and declaration of title limitation period is 30 years. I am available at Hyderabad, for more legal assistance you may contact me through admin.
File a declaratory suit and recovery of possession with injunction petition with all proofs
I satisfied with all your answers , but I need more clarify on the court fee because I contacted 3 to 4 local advocates but each time I got the different answers so I am confused which is correct. One of the advocate told to me we need to pay 8.76% of the total property cast, another advocate told me 718/rs for injection order etc...Please suggest me which is correct .
Asked 3 years ago
1) since you are filing suit seeking declaratory and other reliefs you would have to pay court fees as per market value of property .
2) the exact percentage levied would depend upon court fees act prevalent in your state .
3) figure of Rs 718 suggested is not correct as you cant file suit merely seeking injunction order . you have to seek declaratory reliefs
File a declaratory suit with court fee in relating to the market value of the land. You need to pay only 1/10 of the same now.for injunction it is Rs 500 you need to pay 1/10 th of the same now
1. The Court fee will be based on the present market value of the property,
2. The Court fees will be as per the Court Fees Act of the state of A.P.,
3. Since the present value as per you is Rs.3.50 Crores, expectedly it will be the highest ceiling amount which is Rs.50 K in W.B.,
4. You can buy Court Fees Act of A.P. or Gupt's Law Diary available at your place to find out the ceiling of the court fees to be paid in A.P.
Hi, as per court fee and suit valuation act of AP you have to pay the court fee on the market value of the property.
You need to pay half of the court fee as per the market value , certificate issued by the concerned SRO under Andhra Pradesh Court fee act @ advolerm fee. I am available at Hyderabad you may contact me through admin.
Court fee is to be paid according to court fee ACT of particular state. You should have clearly mentioned ownership document of your ancestral property and when registration to other person made fraudulently you should have filed an FIR with the police.
1. When the property was usurped in 1986 and registered in 2006 by forging the documents you ought to have moved court and filed a suit for possession when you came to know about the property being usurped or the registry thereof being made, as the case may be. The delay in filing the case may prove fatal to your case as the delayed action has endowed the illegal occupants with many legal defenses which they will plead in the court.
2. The only remedy now is to move to court and file a case for being recognized as the legal owner of the property. The delay in not commencing the required legal proceedings for the recovery of property would have to be explained by you.
3. In addition to a case for proving the ownership to the property you should also file a criminal case for house trespass against the illegal occupants.
4. The court fee will be calculated on the market value of the property. Only a lawyer based in Andhra Pradesh can enlighten you about the court fee required to be paid.
1. Since the market value of the property is 3.5 crores INR the court fee will be the highest prescribed under the law. It cannot by any stretch of the imagination be Rs.718.