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How to calculate court fee in suit for partition?

Posted by jobseeker Aanchal Jha | Approved
Answers (1)

General Principles (Under the Court Fees Act, 1870, or relevant state law):
1. If Plaintiff Is in Joint Possession:
The court fee is usually fixed/prescribed, not based on market value.
For example: ₹200 or ₹500 per property/item/share as per the state rule.
Example (Delhi/Punjab/Haryana/Uttar Pradesh):
Only a fixed court fee is payable if the plaintiff is in joint possession and seeks partition.

2. If Plaintiff Is Not in Possession (Ousted):
The court fee is calculated ad valorem (based on market value) on the plaintiff’s share only.
Valuation must be provided based on the circle rate or collector rate of land/building.
E.g., If the total property is ₹50 lakhs, and the plaintiff claims a 1/4th share, the court fee will be based on ₹12.5 lakhs.

3. If Plaintiff Seeks Separate Possession + Declaration + Injunction:
Separate court fees may apply for:
Declaration
Possession

Required Documents for Calculation:
Share claimed (1/2, 1/3, 1/4, etc.)
Ownership proof (title deed, family settlement)
Possession status
Circle rate/market value of the property
State-specific court fee schedule.



Answered by jobseeker Aanchal Jha | Approved

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