Dear Members,
I was going through some judgements of High Courts (reffered one below), regarding quantum
of court fees to be paid by the co-owner seeking partition of jointly held property between two co-owners. I could make out that co-owner seeking partition has to pay ad-valorum court fee on market value of his share if he is not in physical possession of the property otherwise if he is enjoying physical possession with other co-owner and seeks divided share, he has to pay only fixed court fee (Rs, 200/- or 300/- as the case may be).
1.https://indiankanoon.org/doc/800893/ (HC Judgement)
But at the same time, I am also made to understand that even if one co-owner (seeking partition) is not residing or having poseesion of joint-property, it is held that possession of one co-owner is possession of all co-owners, and in that case ad-valorum court fee does not apply.
What is the correct position of law in this matter ?
How to prove that even if co-owner (seeking partition) not residing in joint property, has not been ousted from the said property. ?
Can any learned member provide latest judgement of Supreme court in this matter.
Thanks a lot in advance
