Partition suit
swaminathan
(Querist) 25 March 2013
This query is : Resolved
For filing a Partition Suit for partition
of a Residential House between brothers in the High Court of Chennai,how much fees is to be paid for filing.
Approximately how much time does the Court take to dispose of and pass orders on the Suit for Partition application.
Adv k . mahesh
(Expert) 25 March 2013
it depends from lawyer to senior lawyer
it cannot be predicted how much time normally from 1 year to ..... the case may proceed
Devajyoti Barman
(Expert) 25 March 2013
For partition, you better file in lower court.
The filing of suit in Original Side of the High Court is generally very expensive.
Sankaranarayanan
(Expert) 25 March 2013
if the case file in higher court then the expenses may be higher parts. so try from the floor to first step. Mr barman given clear answer.
Raj Kumar Makkad
(Expert) 25 March 2013
Suit for partition is required to be filed only before lower court of civil judge as per CPC. High Court shall not entertain such suit. The charges are to be enquired locally.
Raj Kumar Makkad
(Expert) 26 March 2013
*Basavraj! Can you please tel us which law governs the fee of the lawyers in India?
basavaraj shiromani
(Expert) 26 March 2013
ADVOCATE FEE TABLE
ADVOCATE FEES RULES
I SUBORDINATE COURTS
1. In suits for money, effects or other personal property or for land or other immovable property of any description, fees shall be payable on the following scale:-
a. Small Cause suits – at 10% of the claim subject to a minimum of Rs. 50/-
b. Original suits –
i. If the amount or value of the claim does not exceed Rs. 5,000/- at 12 ½ % subject to a minimum of Rs. 150/-.
ii. If the amount of value exceeds Rs. 5,000/- but does not exceed Rs. 20,000/- on Rs. 5,000/- as above and on the remainder at 7 ½ %.
iii. If the amount value exceeds Rs. 20,000/- but does not exceed Rs. 50,000/- on Rs. 20,000/- as above and on the remainder at 3%.
iv. If the amount of value exceeds Rs. 5,000/- on Rs. 50,000/- as above and on the remainder at 1%.
Provided that when a suit is compromised, settled or withdrawn, or is decided solely on the admission of the parties without any investigation or is decided ex parte or dismissed for default before any evidence is recorded, the fee payable shall be one half of the scheduled rate or Rs. 50/- in the case of small cause suits and Rs. 150/- in the case of original suits, whichever is higher.
2. In appeals for money, effects or other personal property or for land or other immovable property, the fee payable shall be as calculated under Rule 6(2) subject to a minimum of Rs. 150/-; but when such appeals are settled, withdrawn, compromised or dismissed for default, one half of the fee calculated as above, subject to a minimum of Rs. 150, shall alone be payable.
3. Fees in the following classes of suits and applications shall be calculated as follows:-
a. Declaratory suits, where the suit is not capable of valuation - at the discretion of the Court, subject to a minimum of Rs. 150/- in a Munsiff’s Court and Rs. 300/- in a subordinate judge’s or District Court.
b. Suits under Section 77 of the Indian Registration Act – at the discretion of the Court, subject to a minimum of Rs. 150/- and a maximum of Rs. 300/- in a Munsiff’s Court and a minimum of Rs. 300/- and a maximum of Rs. 750/- in a Subordinate Judge’s or District Court.
c. Interpleader Suits-
i. To the Plaintiff – one fourth of the fee prescribed under Rule 6(2) subject to a maximum of Rs. 250/-.
ii. As between defendants – at the rates prescribed in Rule 6(2).
d. Summary suits under Section 9 of the Specific Relief Act – one half of the fee prescribed under Rule 6(2) subject to a minimum of Rs. 150/-.
e. Suits under Order XXXVI of the Civil Procedure Code, 1908 – one half of the fee prescribed under Rule 6(2) subject to a minimum of Rs. 500/-
f. Suits under Section 91 and 92 of the Code of Civil Procedure, 1908 and suits and applications under the Religious and Charitable Endowments Act or works Act – at the discretion of the Court subject to a minimum of Rs. 500/- and a maximum of Rs. 2,000/-.
4. When the amount or value of the claim in a suit or appeal exceeds Rs. 1,000/- and additional fee calculated at one-third of the fee prescribed under Rules 6 and 7 shall be payable to a junior practitioner engaged with a senior practitioner provided that a junior was on record at least from the date of settlement of issues in a suit or from the date fixed for the appearance of the respondent in an appeal.
5. a. The fees payable in each petition for execution of a decree in a Small Cause or Original Suit shall be one-third in contested and one-fourth in un-contested cases of the fee allowable on the amount or value of the relief which is claimed in execution, as calculated under sub-rule (1) or sub-rule (2) as the case may be Rule 6, subject to a minimum of Rs. 25/- in a Munsiff’s Court and Rs. 50/- in a Subordinate Judge’s Court or District Court.
b. The fee payable in execution petitions in other proceedings shall be one-third in contested cases and one-fourth in uncontested cases of the maximum fee allowable in the main proceeding, subject to a minimum of Rs. 50/- and a maximum of Rs. 500/- in a Subordinate Judge’s Court or District Court.
Provided that where the execution is for costs only, the fee shall be the fee that would be payable under sub-rule (1) for execution of a small cause decree subject, however, to the minimum specified in that sub-rule.
6. The fee payable in the following cases shall be:-
a. Application for arrest or attachment before judgment; application for an injunction/or for the appointment of Receiver; application Sue or appeal as an indigent person, application for review; application to set aside an exparte decree or to restore a matter dismissed for default; application to set aside abatment to and other application not specifically provided for in this rule, whether before or after decree not less than Rs. 100/- and not more than Rs. 250/- in a Munsiff’s Court and not less than Rs. 250/- and not more than Rs. 750/- in a Subordinate Judge’s or District Court, in the discretion of the Court.
b. Application under order 21 Rule 58, 97 or 100 of the Code of Civil Procedure-not less than Rs. 100/- and not more than Rs. 500/- in a Munsiff’s Court and not less than Rs. 250/- and not more than Rs. 1,000/- in a Subordinate Judge’s Court or District Court in the discretion of the Court.
c. Application for discovery, inspection and production of documents and for notice to admit documents Rs. 50/- in a Munsiff’s Court and Rs. 100/- in a Subordinate Judge’s or District Court.
d. Application for setting aside an execution sale or for restitution one half of the fee allowable under Sub-rule (2) of Rule 6 calculated on the amount or on the amount for which the property was sold in court auction or on the amount or value of the claim in restitution; subject to a minimum of Rs. 50/- and a maximum of Rs. 100/- in a Munsiff’s Court and of Rs. 250/- in a Subordinate Judge’s Court of District Court.
e. Application under section 14 of the Arbitration act for filing on award passed on a submission out of court or under section 20 of the Act for filing an agreement to refer to arbitration not less than Rs. 100/- and not more than Rs. 1,000/- in the discretion of the Court.
f. Other applications under the Arbitration Act-not less than Rs. 100/- and not more than Rs. 1,000/- in the discretion of the Court.
7. In appeals from orders under the Code Procedure, and in appeals or revision from orders under any special statues not otherwise provide for, the fee shall be at the discretion of the Court subject to a minimum of Rs. 250/- and a maximum of Rs. 1,000/-
8. The fee in Insolvency proceedings shall be fixed by the Court subject to:-
a. Creditor’s petitions a minimum of Rs. 500/- and a maximum of Rs. 750/-
b. Application under sections 4, 54 or 55 of the Insolvency Act - a minimum of Rs. 250/- and a maximum or Rs. 750/-
c. Applications for annulment of adjudications - a minimum of Rs. 200/- and a maximum or Rs. 750/-
d. Other petitions- a minimum of Rs. 200/- and a maximum of Rs. 750/-
9. The fee in the following cases shall be calculated as follows:-
a. Applications for Succession Certificates or letter of administration in the discretion of the Court subject to a minimum of Rs. 200/- and a maximum of Rs. 600/- in a Munsiff’s Court and a minimum of Rs. 300/- and a maximum of Rs. 900/- in a Sub Court or District Court.
b. Applications for Probate or Letters of Administration with the Will annexed.
i. Where the genuineness of the Will is disputed – as prescribed in Rule 6(2) subject to a minimum of Rs. 250/- and a maximum of Rs. 2,500/-
ii. Where the genuineness of the Will is not disputed – one half of the fee prescribed in Rule 6(2) subject to a minimum of Rs. 100/- and a maximum of Rs. 750/-
c. Other applications under the Indian Succession Act – In the discretion of the Court, subject to a minimum of Rs. 200/- and a maximum of Rs. 750/-
d. Application under the Guardian and Wards/Act and Metal Health Act – in the discretion of the Court, subject to a minimum of Rs. 200/- and maximum of Rs. 750/-
e. Land Acquisition Cases:-
i. As between the State and the claimants – at the rates prescribed in Rule 6(2) on the amount claimed in excess of the award subject to a minimum of Rs. 100/- and maximum of Rs. 350/-
Provided that when a case is compromised, settled or withdrawn, or is decided solely on the admission of the parties without any investigation or is decided ex-parte or dismissed for default before any evidence is recorded, the fee payable shall be one half of the scheduled rate subject to a minimum of Rs. 100/- and maximum of Rs. 350/-
ii. As between rival claimants on the amount in dispute, as in an Original Suit.
f. Matrimonial Cases including petitions for divorce, dissolution of marriage or restitution of con-jugal rights – in the discretion of the Court subject to a minimum of Rs. 200/- and a maximum of Rs. 750/-
g. Proceedings relating to compensation under the Indian Telegraph Act and the Indian Electricity Act – one half of the fee at the rates specified in Rule 6(2) on the amount claimed in excess of the award subject to a minimum of Rs. 200/- and a maximum of Rs. 750/-
h. Petitions relating to elections under Municipal, Village Panchayat, Village Union and other Acts – in the discretion of the Court, subject to a minimum of Rs. 250/- and a maximum of Rs. 1,500/-
i. Proceedings relating to patents, designs, copyright, trade and merchandise marks-in the discretion of the Court, subject to a minimum of Rs. 750/- and a maximum of Rs. 3,500/-
Provided that, where damages are claimed, the fee shall not be less than the fee calculated according to the rates in Rule (6) on the amount allowed or disallowed.
j. Application under the Kerala Agriculturists Debt Relief Act (31 of 1958).
i. Under Section 11 – the fee allowable under Rule 6(2) as on a suit on a mortgage.
ii. Under Section 15 – as fixed by the Court subject to a minimum of Rs. 200/- and a maximum of Rs. 750/-
iii. Other applications – as fixed by the Court subject to a minimum of Rs. 25/- and a maximum of Rs. 200/-
10. In Interlocutory applications not otherwise provided for, the Court may allow in its discretion, a fee which shall not be less than Rs. 100/- and more than Rs. 500/-
11. The fee in other proceedings of an original nature, not otherwise provided for, shall be in the discretion of the Court, subject to a minimum of Rs. 25/- and a maximum of Rs. 250/-
12. When a suit or appeal is reheard on review, fee for rehearing shall be one half of the fee allowable on the amount or value of the claim as calculated under Rule 6 or 7.
II HIGH COURT
13. In appeals from original or appellate decrees, the fee shall be on the same scale as in the Lower Court; but when such appeals are compromised, settled, withdrawn or dismissed for default, the fee shall be-
a. One half of the fee as calculated above, if the appeal was on the ready list; and
b. One fourth of the fee, if the appeal was not on the ready list: provided that the fee shall not be less than Rs. 250/- in the first or second appeals.
14. In appeals from awards in Land Acquisition Cases, the scale of fees shall be as prescribed in Rule 18, provided that as between the State and a party, the maximum fee allowable shall be Rs. 3,000/-
15. In appeals from orders, the fee shall be in the discretion of the Court, subject to a minimum of Rs. 250/- and a maximum of Rs. 5,000/-
16. In Civil Revision Petitions and all cases not otherwise provided for the fee shall be as fixed by the Court subject to a minimum of Rs. 250/- and a maximum of Rs. 750/-
17. When an appeal is reheard on review, the fee payable shall be one half of the amount as calculated under Rule 18, subject to a minimum of Rs. 250/-
18. In Original Petitions under Articles 226, 227 or 228 of the Constitution of India and Writ Appeals, the fee shall be in the discretion of the Court subject to a minimum of Rs. 500/- and a maximum of Rs. 2,000/-
19. The fee in the following cases shall be as fixed by the Court subject to the minimum and maximum specified.
a. Election Appeals a minimum of Rs. 1,500/- and a maximum of Rs. 7,500/-
b. References and revisions under fiscal Statutes – a minimum of Rs. 500/- and a maximum of Rs. 5,000/-
c. Proceedings under Section 301 of the Indian Succession Act, 1925 – a minimum of Rs. 500/- and a maximum of Rs. 2,000/-
d. Civil Miscellaneous References under the Divorce Act, Stamp Act, etc., a minimum of Rs. 250/- and a maximum of Rs. 750/-
e. Contempt Proceedings – a minimum of Rs. 250/- and a maximum of Rs. 1,500/-
f. All proceedings of an original nature, not otherwise provided for a minimum of Rs. 500/- and a maximum of Rs. 2,000/-
20. In cases coming under Rules 18 and 19, an additional fee, calculated at one-third of the fee prescribed under these rules, shall be payable to junior practitioner, provided he was on record at least from the date fixed for the appearance of the respondent.
21. In interlocutory applications in pending cases and in all miscellaneous applications which are decided on the merits after contest, the Court may fix a reasonable fee, which shall not exceed Rs. 250/-.
Anirudh
(Expert) 26 March 2013
Dear Mr. Basavaraj,
I am afraid, this appears to be the cost of litigation that can be awarded by the Courts to the Parties.
Any way, please tell, under which Act and under which Section, these rates have been prescribed. Without that detail, the information is of no use.
