Suit for specific performance - court fees

Guest (Querist) 07 February 2012 This query is : Resolved
Person A done agreement to sell with person B and sell property via Sale Deed to person C. Now person B wants to make person C party in the case & Challenge Sale deed executed by person A in favor of person C.

Please suggest your valuable opinions

If person B wants to challenge sale deed & person C, then if he have to pay etc Court Fees on Sale Deed Also OR not

Kindly tell me what amount of Court fees person B have to pay/

Thank You

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Devajyoti Barman (Expert) 07 February 2012
If the suit is mere declaratory suit whereby B wish to make the sale deed null and void the court fees is very nominal. Such suit would however be no use as far as his sale agreement is concerned.

However if B wish to file suit for Specific Performance of Contract out of which he may be allowed to completion of sale the court fees would be upon the value of the suit property which differs from state to state.

V R SHROFF (Expert) 08 February 2012
You mean A registered a sale deed of same property to C

Right of C cannot be challenged.
B will not succeed as against C.

B will not succeed in Specific performance suit.

Declaratory suit in Mah state court fee is only Rs. 200/- in RCS [ BUT YOU WILL NOT SUCCEED ]

B can only ask for damages from A, and Court fee depends on the valuation of damages claim. / or value of property shown in Agreement to sale.
C has no relation, no contact, and not liable to B in any manner...

M V Gupta (Expert) 11 February 2012
I agree that B will not be able to challenge the sale in favor of C, as AFS does not create an interest in the property.(see the judgement of SC in Surya Lamp Industries Vs State of Haryana (2009). The AFS may be unenforceable if the Agreement holder has not fulfilled the terms of the agreement to complete the sale in his favor.

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