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sonia (NA)     10 August 2012

Court fees exemption

Hi,

I have filed a suit against my step grandmother in 1998. My grandfather left the property in 1965, todays it worths 100's crore.

The property aquires by my grandfather is at the time of India Pakistan war in 1947.

My father was unsound since 1969, because of tourture of his step mother till his death in 1982. My step grandmother forces my father to leave his home after 30th day of marriage in 1973. She played a good game. This is a long story.

When my father left his orignal house than he started living at my mother brother house. Since then we are living at my mother's brother house.

My grandfather left with property at various places in delhi and I know about 14 plots which was given to my father by his grandfather before 1965 + his company share. They have much more property.

We do not have details of all property which my grandfather left and currently my step grandmother holds. My father has given all his property to his step grandmother as a gift in 1968, when my father was unsound.

We have filled the suit in 1998, court has dismissed our case saying that court fees not paid.

Court has not yet evaluated the property worth and so we cannot pay court fees.

How court has dismissed the case without any evaluation? Since we donot have even our own house, so its hard to pay court fees, as we are not that financially strong.

Is it possible to excemp court fees. Court has given order just 2 days back.

Please suggest

Thanks



Learning

 8 Replies

sonia (NA)     11 August 2012

Experts please answer my query for better direction.

Regards,

sonia (NA)     11 August 2012

So many views, no reply.

Experts please give me your opinion.

Regards

cyberlawyer (barrister)     12 August 2012

What is the relief prayed for in the above suit ?. Under what provision you paid court fee ?. It seems the court demands ad valorem court fee . Which means court fee to be computed on the market value of the property (the properties which are within your knowledge). Court fee will change if there are more properties.

RAHUL KANSAL 9041629676 (ADVOCATE)     12 August 2012

heloo sonia,

                            i am agreed with mr javid nazeem and i will also suggest you if you have no any other means to pay the court fees right now then you can file an application in the court for filling a suit being an indigenty person.

sonia (NA)     12 August 2012

Thanks for your reply.

 

Till date... We have never requested for any court fees relief. We have suited a file for half the property which grandfather left.

Since we donot know all the properties details as they have very very big list. We only know few where they live, some of there hotels, office towers, plots, kotis... but we donot know full details.

Our lawyer requested court to order the list of property from them. Suit is going from last 20 years and nothing happened. Judge changes many time... whenever new judge comes he picks court fees and dismissed our case second time by another judge.

Not sure what to do.We are not in position to pay the court fees as we donot have even our house to live.

Please suggest

Thanks

RAHUL KANSAL 9041629676 (ADVOCATE)     12 August 2012

 sonia if you want a partition and share of the property of your father then you will have also specifically state the list of all properties .

RAHUL KANSAL 9041629676 (ADVOCATE)     12 August 2012

 

since your grandfather left with property at various places in delhi and you know about 14 plots which was given to your  father by his grandfather before 1965 + his company share and one thing more which i would like to ask you whether have you any proofs about the giving of these properties to your father.

sonia (NA)     12 August 2012

Other party agreed in the court that some shares were given and my father has retured the shares in 1968. They thought that they cannot hide this details as we can get the details from registrar of companies.

On the same day they filed this reply. we have also given papers in the court that regsitrar of companies has destroyed the records. Thereafter they started saying that grandfather has given nothing.

But in actual my granfather has made a will and in the will he mentioned all these details.

Since will was createdin 1963, I went to various places to get the will. All department is asking of death certificate of my grandfather,. Then I have gone to municipility, they said in 1965 record was present at this location office, then I go to another they ask me to go elsewhere.

They asked me to bring the record from crimination centre. I was not able to get even death certificate, so I was not able to get the will of my grandfather.

I know about these properties from my relatives and my father has typed auto bio graphy. I got details from there. He typed his auto bio graphy

Please suggest


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