Gujarat courts fees act 2004
vinodkumar
(Querist) 27 February 2012
This query is : Resolved
i file a one partition suit, for agriculture land about 15 acer, my part is 1/6, in my pleading of partition suit, i mention the total value of all agriculture land total 10 acer is rs,35 lakh, my prayer is only for partition, and declaration of my part, and i pay the court fees rs.100 and under gujarat courts fees act2004 sec 6 [15]for share in joint property..for the purpose this clause,if the property in which the share is claimed consists of or includes any land assessed to land revenue for the purpose of agriculture; the value of such land shall be deemed to be the value as determined under clause[13]. for annual survey assesment is remitted a sum computed according to above sec, i pay the stamp duty acording to annual assesment of agriculture land, my part is 1/6 and there for i paid rs.100 court fees stamp, but the defendent lawyer and court ask, me for paid cortfees satmp on total market value of rs. 35 lakh, on my part 1/6 calculate rs 6.50 lakh. what i do sir? any supreme court or high court citation in related my fact which is helping me?
Raj Kumar Makkad
(Expert) 27 February 2012
I think you have chose a wrong platform for partition of the agricultural land. The proper platform is Tehsildar who is competent to make partition wherein the stamp duty is of only Rs. 10/-.
If you chose the path of civil court then you are undoubtedly liable for the stamp duty over the value of entire property.
