Suit for partition of flat
Adv. Hemangi Jade
(Querist) 08 December 2015
This query is : Resolved
Dear Experts,
I am filing Suit for Partition of Flat which was purchased by my Client's deceased mother and he is demanding 1/4th of the share in flat and the possession is not with him.
My queries are:
1)Whether he will have to pay Court fees on total valuation of the Flat or 1/4th of the valuation which he is demanding?
2)If he wants to demand money by selling the Property then armaments and Prayers in Plaint will be sufficient or separate application is required?
Kindly guide.
Thank you in anticipation.
P. Venu
(Expert) 09 December 2015
If the mother had died intestate,The property is jointly vested with all the legal heirs, as such all them are in constructive possession. It is advisable to file the suit for partition, if unavoidable, pleading joint possession. If so, only nominal court fee is payable, in accordance with the extant norms prevalent in your State.
If the sale the property is unavoidable, the Court is so empowered under the provisions of the Partition Act
Kumar Doab
(Expert) 09 December 2015
It is in the interest of occupants of the flat to pay for 1/4th share and they may agree.
The share can not be denied.
The determination of value @ market value is usually the bone of contention and all parties should agree to arrive at amicable solution, ASAP.
Otherwise such properties under dispute and litigation do not fetch good price.
Rajendra K Goyal
(Expert) 09 December 2015
He should claim his share court fee differ from state to state, find court fee and circle rate locally.
K.S.Srinivas
(Expert) 13 December 2015
In my view, he has to pay court fees on the market value of his share in the suit property.
[References:- S.Rm. Ar. S. Sp. Sathappa Chettiar v. S. Rm. Ar. Rm. Ramanathan Chettiar AIR 1958 SC 245, Neelavathi & Ors. v. N. Natarajan & Ors. AIR1980 SC 691, Jagannath Amin v. Seetharama (dead) by LRs & Ors. 2007(1) SCC 674 and Commercial Aviation and Travel Co. v. Vimla Panna Lal AIR 1988 SC 1636].
T. Kalaiselvan, Advocate
(Expert) 18 December 2015
In partition suit, the plaintiff can pay the court fees only in respect of the market value of his share in the property. The proposed prayers can be included in the plaint itself for the reliefs desired to seek.
alexander
(Expert) 25 December 2015
Court fee has to be paid on the subject matter of the suit. Subject matter of the suit is the flat and thus the court fee has to be on the flat's prevalent value
