Hello,

1) The court fee certainly depends on the market value of the property.

2) The maximum cap for court fee is at Rs.3,00,000/-

3) This has to be paid at the time of filing for partition.

4) The lawyer has no share in the court fee. It goes to the court.

5) The lawyer needs to be paid his fees and fee is subjective and you need to discuss it with your lawyer.

1. Court fees differs from state to state. in many states like WB the court fees for partition suit does not depend on market vaLue of the property. It is Often fixed like Rs. 30/- which is applicable for partition suit in WB.

2. The lawyer's fees also differs from person to person and generally it is lumpsum or payable on each date of hearing about mostly does not have any connection with the value of the property.

3. It is paid at the time of filing and it is paid to court only, not to the lawyer.

1. Court fee varies from Sate to State with a maximum amount of fees fixed,

2. In West Bengal the maximum amount is Rs.50K,

3. The Court fee is charged based on the market value of the property,

4. The lawyer does not take any share from the said Court fee,

5. Lawyer chaeges his fees for drafting, filing the partition suit and also for attending and pleading for the Plaintiff.

1) only local lawyer can guide you as to court fees payable on partition suit .

2) it would depend upon market value of property . in Maharashtra for instance maximum court fees are Rs 3 lakhs .

3) no part of court fees goes to lawyer

4) court fees are payable at time of filing of suit . in addition legal fees are payable for drafting and filing suit

In the case of Partition

A partition suit has two phase .One is preliminary decree and second is final decree.

At the time of filing of suit, a fixed court fee has to be paid .But at the time of execution after final decree of the partition, at the time of execution of document through court, you have to pay it on the market value of your share for executing the sale deed.

The court fee is to be computed with respect to the market value of the property to be partitioned. The slab of court fee for filing a suit for partition is not uniform throughout India as all states have their own slab. The Court fee to be charged for partition is a state subject and varies from state to state.

Court fee is on the basis of plaintiff’s valuation of the relief. If you have also claim mesne profits then you have to pay the amount as per you claim .

To compute mesne profits approximately and pay the ad valorem Court fee on the amount stated approximately and sued for; and that if the profits ascertained to be due to the plaintiff are in excess of the profits so approximately estimated and sued for, then plaintiff is required to pay the difference and no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits so ascertained, is paid.

1. The court fee is to be computed with respect to the market value of the property subject to a maximum of Rs.3 lakhs. However, the slab is not uniform throughout the country. A local lawyer would be able to tell you the exact amount of court fee you will be required to pay to enforce partition of the property.

2. Court fee is a source of revenue generation for the government. No portion of it goes to the lawyer, Lawyer pockets on his own fees.

Section 34 of ANDHRA PRADESH COURT FEES AND SUITS VALUATION ACT, 1956

i n a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the movable property or three-fourths of the market value of the immovable property included in the plaintiffs share.

(2) In a suit for partition and separate possession ot joint family property or property owned,jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates : When the plaint is presented to-

(i) a District Munsif's Court- Rupees fifty.

(ii) a Subordinate Judge's Court or a Dis - Rupees one hundred if the value of trict Court- plaintiff's share is less than Rs. 10,000. Rupees two hundred if the value is not less than Rs. 10,000.

(3) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks also cancellation of decree or other document of the nature specified in section 37-, separate fee shall be payable on the relief of cancellation in the manner specified in that section.

Andhra High Court

Jaswanth Kour And Anr. vs Rajan Bai And Ors. on 26 March, 2004

Equivalent citations: AIR 2004 AP 511, 2004 (4) ALD 780, 2004 (4) ALT 541

Author: D R Elipe

under Section 34(2) of the Act, in a suit for partition where the plaintiffs are seeking partition of suit and separate possession of the joint family properties, and if the plaintiffs are in joint possession of the property, the Court fee payable in respect of the suit for partition, where the value is over and above Rs. 10,000.00 is only Rs. 200/-

However, even if there is any dispute as regards to joint possession, the office of the Court cannot decide whether they are in possession or not, but it is a matter to be decided after trial of the suit only.

let us examine Section 34(1) and (2) of A.P. Court Fees and Suit Valuation Act, 1956.

Section 34 of A.P. Court Fees and Suit Valuation Act, 1956 Partition Suits :--(1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the movable property or three fourths of the market value of the immovable property, included in the plaintiff's share.

Section 34(2) of the A.P. Court Fees and Suit Valuation Act, 1956 :--In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property fee shall be paid at the following rates :-

When the plaint is presented to--

(i) a District Munsif Court Rupees fifty

(ii) a Subordinate Judge's Rupees one

Court or a District Court. hundred

If the value of plaintiff's

share in less than

Rs. 10,000-00. Rupees two

hundred if the value is not

less than Rs. 10,000-00.

On consideration of the facts and circumstances of the case and the decision relied on by the learned Counsel for the revision petitioner, it appears that the learned Single Judge of this Court in the decision stated supra R.V. Bhuvaneswari and Ors. v. Ponnuboina Chencu Ramaiah (died) and Ors., at para 11 of the plaint therein asserted that all the co-sharers are in joint possession of the property. Therefore, in a partition suit they are entitled to pay Court fee under Section 34(1) of A.P. Court Fee and Suit Valuation Act, 1956. As can be seen at para 4 of the pleadings, it is asserted by the Plaintiffs 1 and 2 that they are in joint possession of the suit property till their marriages. Though, the date of marriages of the plaintiffs is not given but it can be understood that upto their marriages they were in joint possession of the suit schedule property and after their marriages, they are not in joint possession of the suit property but they are entitled for share as co-sharer of the joint family properties.

9. Considering the facts and circumstances, Prima facie, I am satisfied that the learned District Judge is absolutely right in returning the plaint and ordering to pay Court fee under Section 34(1) of A.P. Court Fee and Suit Valuation Act, 1956. In the circumstances, the decision stated supra, R.V. Bhuvaneswari and Ors. v. Ponnuboina Chencu Ramaiah (died) and Ors. (supra) is not applicable to the facts of the present case on hand, vis-a-vis, the petitioners in this revision petition are not in possession of the suit schedule Item Nos. 1 and 2 after their marriages.

10. For the reasons mentioned hereinabove, I am in full agreement with the conclusion arrived by the learned District Judge, directing the petitioners to pay Court fee under Section 34(1) of A.P. Court Fee and Suit Valuation Act, 1956. I do not find any valid and bona fide reason to interfere with the order impugned in this revision. The CRP invariably deserves to be dismissed in limini.

1. The best way is to meet the filing cleark of the local Court ascertain the amount of court fee required to file your partition suit,

2. You can also find the same from Gupta's Diary sold in your state.

The court fee is revised periodically by the state government. Since Telangana is a newly born state the amount of court fee applicable in Andhra Pradesh would be applicable in Telangana also.

The exact amount of court fee can be disclosed by only a local lawyer.