Suggestion in praying of declaratory decree for designed suit
siri
(Querist) 18 November 2011
This query is : Resolved
sir,I am trying to make my Title perfectly absolute through court decree which I had no proper old link documents & defecient in my Title .But I want to pay court fee as nominal fee with out praying Title declaration which attracts court fee as per market value but final decree should relects I am the absolute owner of my property.I had raised in your LCI site also previous but I did not get proper answer.but now in my locality ,1 lawyer has given me OUTLET CONTENTS OF DESIGED SUIT & HE said that If U follow this designed suit & praying relief like this then I have to pay only nominal court fee but not according to market value of property but finally by court I will be declared as absolute owner.
1)Dear experts PLZ give suggestions whether below designed suit not attracts court fee as per market value o property.
2)Plz give if required any changes for declaratory relief prayer by me to court in para 19 i.e That by passing ...so that I should get absolute title but it does not attracts market value.
DESIGNED SUIT As FOLLOWS
Sh…… S/O Sh.---- aged about years R/O ------
Plaintiff
Vs.
Sh…… S/O Sh.---- aged about years R/O ------
Defendant
Suit for declaration and mandatory Injunction
Valuation for injunction
Valuation for mandatory injunction
Brief description of case:
Defendant is trying to sold his shared property of house along with shared property of plantiff i.e in scheduled A that obtained through family settlement from their mother & plantiff requested defendant not to do but at same time the defendant refused to the settle the matter out of court. So the helpless plaintiff has no option to file a suit for declaration and mandatory injunction and to protect his right by the honorable court.
That the value of the suit is assessed and fixed as Rs. for the purpose
of declaration of declaratory decree for relief A mentioned in the below para 19 and Rs. -------is being paid accordingly fixed by court fee act and for the purpose of mandatory injunction the value is assessed and fixed as Rs. and Rs…. is being paid for relief B mentioned in the below para and Rs. is being paid accordingly fixed by court fee act.
19). That by passing:
A. a declaratory decree in favour of plaintiff and against the defendant the plaintiff is the absolute owner and in possession of the half of the property whose detail is given in schedule A of the plaint.
B. That by passing a decree of mandatory injunction in favour of plaintiff against the defendant, defendant to restrain him self by his servant, associates and any other person to not to interfere in the peaceful possession and in use of the property as mentioned in the schedule A
J K Agrawal
(Expert) 20 November 2011
It looks that the dispute is between family members and they want partition and a declaration that who is absolute owner of which part of property.
If so is your problem you should file a 'Suit For Partition' instead of a 'Suit for Declaration'
You can seek injunctions also in a suit for Partition by paying additional Court Fee which is very nominal.
The Court fee is very less (may be Rs. 200/- or so only if value of property is more than 10 Lakh.)
Do not worry about previous documents of title as the same problem is with other side also so nobody will agitate the joint title of property.
If they dispute that only they are owner and not you then you have to seek declaration and to pay Court fee on market Value.
In plaint never say that 'you are not in possession' and nor ask for 'possession'. This single word cost to you Court fee on entire market value.
