Advalorem fees
Anonymous
(Querist) 18 August 2015
This query is : Resolved
sir i am directed by trail court to pay advalorem fees
but my suit is for decleration and possesion in which i am challenging the will and claiming my share as legal heir in joint posession
the defendent no.2 sold the land to three persons i.e def7 to def10 with this will by geeting mutation in his favour
wheather i have to pay this advalorem fees?
as i am claiming only my share as legal heir in joint possesion not specific posession. In the suit i only said to cancel the mutation which was done by way of forged will and also m not challenging the sale deeds on which this fee is charged in my suit i am only saying that these sale deeds are null and void and are not binding on the petitioner
Chanchal Nag Chowdhury
(Expert) 18 August 2015
If U R in possession Court fees cannot be ad valorem.U have to go to the higher court.
Anonymous
(Querist) 18 August 2015
i am not in posession as defendant no.2 got registered mutation by way of forged will from my grandfather in law
that will i am challenging in trail court beacause its ancestor property and my share is their
defentant no 2 is my mother in law and my father in law is dead she got will in her favour from my father in law's father and sold it to def no.7 to 10
i am claiming my share as co sharer in ancestoral property in hindu undivided family
i am plantiff no.1 to 3,2&3 are my sons and my husband is dead
Anonymous
(Querist) 18 August 2015
and will is challenged in my present suit for decleration and possesion only joint possesion as co sharer in hindu undivided family where now after approx 2 years defendant no 2 under order7 rule 11 move application to pay advalorem fees by saying that i am seeking cancelation of sale deeds
Rajendra K Goyal
(Expert) 19 August 2015
Appeal to the next higher court, consult your lawyer.
R.K Nanda
(Expert) 19 August 2015
consult local lawyer.
