Whether a court fee is required?

Querist : Anonymous (Querist) 17 October 2011 This query is : Resolved
My mother held a property(in a society) in her name of which I was the sole nominee. I have one brother and one sister.

After her death I got the property transferred in my name thro a court decree without making my brother and sister parties. In this court decree, during my evidence, I disclosed to the Court and the society about the existence of the brother and sister. Still the court decided the decree in my favour.

I sold the plot for Rs 7 lacs in the year 2002. The market valure today is Rs 2 cr. The buyer holds the conveyance deed and the possession of the residential plot.

My brother filed a suit in 2004 for 'Possession by partition' claiming his one third rights over this plot but he has not paid any court fee. Is he required to pay the court fee?.

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Devajyoti Barman (Expert) 17 October 2011
In most of the states the court fess for suit for partition does nit require court fees opn the value of the suit property.

The plaintiff can on its own wish value the suit not suit property any amount of his choice and pay then nominal court fees.

However if the same is for recovery of possession then the court fees on the market value of the suit property needs to be paid.

ajay sethi (Expert) 17 October 2011
if decree has been passed without making your brother and sister parties the decree would be libale to be set aside . a nominee is only a trustee . if your mother had a flat in a society then all 3 legal heirs inherit the flat equally .

since your brother is claiming 1/3rd share and posession he will have to pay proper court fees

Querist : Anonymous (Querist) 17 October 2011
The possession of the said property was given to the buyer by me in the year 2003. ie. the possession was not with me when the suit was instituted.

The buyer has also been made a party in the said 'suit for partition by possession'.

Please give your final views on the court fees (in Haryana). Should the the suit become infructus ?

Regards,

Querist : Anonymous (Querist) 17 October 2011
Mr Sethi,
In 2002, I was not aware of the meaning of the nomination as I am an engineer. This property was purchased by me with my money in my mother's name just to make her feel secure. I put my name as the nominee thinking that after her I will own the plot after her death.

In the decree, I had disclosed my brother and sister in my cross exam. There was no concealment of fact in my cross. That order was never challenged by anyone till date.

Isnt it necessary to get this order set aside and request for cancellation of the sale deed before asking for 'possession by partition?

regards,

ajay sethi (Expert) 17 October 2011
if you had purchased property in your mother name cheque must have been issued by you . the transfer of funds would be a gift from son to mother .

you have stated that your brother and sister were not made party to the suit
they were formal proper and necessary parties to the suit .

you have stated that you had dislcosed in your cross that you have brother and sister .we do not know nature of suit filed by you in whcih decree was obatined . go by advice of your local lawyer .

Raj Kumar Makkad (Expert) 17 October 2011
Ignorance of law is no excuse. Now whole matter is sub-judice and buyer shall have to suffer. It is better for you to become ex-parte in the mentioned case and let the case decreed or be settled between your brother-sister and buyer. You should not appear in the case. It was the duty of buyer to be vigilant as you have not suppressed anything from him and moreover you had a valid probate order from competent court wherein also you had disclosed the names of your brother and sister so you are not at fault.

prabhakar singh (Expert) 18 October 2011
Yes now excuse that you plead you do not know law.

Whether a court fee is required?

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