raj Kushi 20 March 2020

court fee to file declaration suit

my grand father purchased a 10 gunta agriculture land on 01.02.1976 at Karnataka...purchaser paid 500 consideration amount to vendor and also paid stamp duty of 500 rupees..... but rtc not effected into the purchaser name.....now vendor and purchaser died .....my grandfather want to file declaration suit against vendor legal heirs....
now my question is whether I have to pay court fee on the present market value ?

or I should pay court fee caluculation value mentioned on the registered document ?

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5 Replies

Dr J C Vashista (Advocate) 21 March 2020

Vague, incomplete and confusing statement.

"Cosideration amount Rs. 500/- and stamp duty Rs. 500/-" is an Unbelievable statement.

it is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding, if your story is true.

G.L.N. Prasad (Retired employee.) 21 March 2020

Only a local advocate can help, as every state has it's own stamp act, prior to 205, due to incorrect interpretation of full bench of AP High Court, courts insisted for court fee on market value, but after SC has interpreted the clause correctly courts are admitting declaration suits based on the value shown in the document.

Let the handling advocate or registry persons guide you properly.