LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay Sharma (NA)     29 September 2014

Court fee for claiming joint property

Hi,

I am currently going through DV and divorce cases filled by wife. Currently out of home by order of MM  in DV. I am thinking of filling Injunction and declaration suit against my wife for the residential property. The property was allocated to us jointly and registry is also in joint name, but she is enjoying it fully.

Can anybody please suggest, what will be the court fee? The market value of the property is about 1 crore and original acquisition cost was 12 lacs. Property is in Delhi.

Will the court fee be different, if I get the favourable order from MM and get back in the house?

How long does it typically take to get temporary injunction.

Regards,

Ajay



Learning

 3 Replies

Tajobsindia (Senior Partner )     29 September 2014

@ Author,

 

1. From facts the joint property is enjoyed fully by one of the title owner i.e. your wife as you mention in your brief, hence possession of even one co-sharer is treated as possession of all (i.e. both of you) hence no question arises to pay any Court Fee. 

 

2. It is paid in case of trespasser and not in case of co-sharer which you are also one of this joint property.

 

3. With your local advocate hired from reference check on time line as it varies and in my opinion if she is already in its possession and enjoying (means physically living) then filing a suit for temporary injunction is not very easy is my view.  



[Last reply]

Ajay Sharma (NA)     29 September 2014

Thanks @Tajobsindia...

Just couple of more queries,

1. the flat was alloted jointly but under reserved category of Physically handicapped, she is the one having physical disability certificate, will that be of material value in my case?

2. She has paid close to 90% EMIs through her bank account, while rest 10% was paid as lumpsum, will she get the 90% share? the conveyance deed do not have any share mentioned.

Regards,

Ajay

Ajay Sharma (NA)     30 September 2014

Anybody...who can please guide here..

Thanks in Advance..

Regards,

Ajay


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading