Division of property
Querist :
Anonymous
(Querist) 07 September 2011
This query is : Resolved
I have filed a partition suit for partition of ancestral property in Kolkata. The case has been filed in a district court in Kolkata. After a few hearings, the court has passed an order for ex-parte hearing and my counsel has advised me to file an "affidavit in chief", mentioning that after this, the preliminary decree for partition will be passed.
The ambiguity is regarding the court fees. My counsel says that at this stage, about 7.1% of property valuation has to be deposited as registration charges and stamp fees. Then only the preliminary decree can be passed. After preliminary decree, a case for execution is required to be filed in which, an engineers' commission will be appointed to visit the site, who will submit the report regarding partition and thereafter final decree will be passed.
(In case of an objection by opposite party in between, the case may take another course.)
I wanted to know if the above provisions are correct, since I am not convinced about the court fees/ registration fees and stamp duties part. And is it payable BEFORE preliminary decree stage? Please advise.
Raj Kumar Makkad
(Expert) 07 September 2011
Yes. It is to be be submitted before court and you personally remain present in whole process of purchasing stamp papers, moving an application and thereafter deposit in the court.
prabhakar singh
(Expert) 07 September 2011
Expert : raj kumar makkad has rightly directed you.
Devajyoti Barman
(Expert) 07 September 2011
I regret THAT I do not agree with the views above.
Before granting the preliminary decree there is no question of depositing money for registration fees and stamp duty.
Your lawyer has asked something which is not at all required at least in West Bengal.
Advocate M.Bhadra
(Expert) 07 September 2011
After passing ex-parte order you should wait one month (defendant may vacate the said order),then deposit stamp duty and registration charges.
prabhakar singh
(Expert) 08 September 2011
since it is a Kolkata case and Mr. Barman might be well aware of rules of procedure there hence i shift my side to him from Mr. Makkad.
In UP on filing of partition suit court fees
is paid then and there,only then the suit is registered ,there after a preliminary decree is passed.
There after an application for preparation of FINAL decree is moved and when the shares allotted is confirmed then plaintiff decree holder is asked to pay stamp duty so that final decree may go registered by court.
