Land Grabbing Case

SHIESTA007 (Querist) 25 March 2009 This query is : Resolved
Mr A is the owner of the vacant plot. One evening, when A visits, his vacant property and notices that a shed construction has been started and later when made shifting enquires and comes to know that someone has sold A property to D.
A comes to know that the property has been sold way back before 2 yrs and finds in the mutation records that one Mr Z has made GPA of A and then sold to his family member Mr Y. Then Mr Y has sold to Mr D.
Mr A has filed criminal and civil case against all the frauds.
My query is as follows
When Mr A took the property in 1980 it was for Rs 80,000/- and now when the land grabber Mr z and Mr y has sold it to Mr D in 2006 it is for Rs 10,00,000/-. The suit filed is for the cancellation of the fraudulent Sale deeds and Should Mr A pay the required court fee of 10% of Rs 10,00,000/- for the cancellation and possession of the suit property?

The titles are clear sale deed in the name of the Mr A and when the frauds have made the illegal, bogus documents and created and made mutation in their names in the record of rights but still Mr A has to pay the court fees of 10% of Rs 10,00,000 is it correct ? The layman is not able to pay that much of amount and so is it correct that without payment of the court fees he should not go ahead with the next procedure?
If the frauds do such business then i dont think that the layman would be able to get justice. He would not only be mentally harrassed to see that someone has grabbed his land and when he is unable to pay the court fees, that for his own land he has to pay for his own property , How far is it correct?
so please kindly provide me with the citations that supports Mr A as he is a common man and there is injustice happening in his case.

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n.k.sarin (Expert) 25 March 2009
Dear Anand I think there is no court fees required. because Mr.A is not a party of the said fraudulent sale deed.
n.k.sarin, advocate, Dehradun.

sanjeev murthy desai (Expert) 25 March 2009
Dear Chandrakala anand,

Court fee depend upon present market value of the that property.

sanjeev desai

RAKHI BUDHIRAJA ADVOCATE (Expert) 25 March 2009
I do agree with Mr. Desai. A has to file a court fees as per circle rate of the property of the concerned area. For more queries u can contact me at_ 09871158578/09711364956
RAKHI BUDHIRAJA, Adv.
DELHI HIGH COURT

n.k.sarin (Expert) 25 March 2009
I again say that no court fees required for declaration of said fradulent sale deed void, if Mr. 'A'is not a party in the said sale deed.
I want, Mr. Palnitkar comment please in this regard.

sanjeev murthy desai (Expert) 26 March 2009

A is claiming not only declaration of that property and he is also seeking possession of that property. I think so court fee is required as stated above.

sanjeev desai

M. PIRAVI PERUMAL (Expert) 26 March 2009
As regards declaration of fraudulent sale deed as null and void there is no need for court fee but with regard to possession he/she has to pay court fee.