• Court fees for getting a Succession certificate

Are court fees for a succession certificate based on the face value of a share or market value ?
( Example : the face value of an Infosys share is Rs. 5/- , whereas the market value is Rs. 1243/- .Court fees are payable on the Rs.5 valuation or Rs 1243 ? )
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Market value

Yusuf Rampurawala
Advocate, Mumbai
7741 Answers
79 Consultations

Sir

you have to manipulate things in this kind of calculations. you can mention that the price is rs 5 per share and hope that the fee is levied on this amount only. however court can charge on the existing value of the property on the date the order is passed.

Gopender
Advocate, New Delhi
384 Answers

Court fees are payable on basis of market value of shares 

 

maximum court fees is Rs 75000 in Maharashtra 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

The court fee is different to that of the stamp duty to be paid for obtaining the succession certificate 

The court fee for the succession case would be normal court fee as per the stamp value and  court fee act of the respecitve state in India.

The stamp duty payable subsequently shall be 3% to the market or present  value of the movable property/asset to be acquired by the successors in interest. 

 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

1. Court Fees are payable on the "Rate'able Value" of the Property, that is determined by the local Tahsil /Collector office (typically called as Ready Reckoner Value).

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Again you do not get confused with two terms i.e., court fee, which is just a nominal one and the stamp duty which is a huge amount as per the value of the property likely to acquired by the successors. 

You have to pay the lawyer's fee for conducting the case which will include the court fee for the case too.

You can pay the stamp duty charges once the cae is decided by the court in your favor, the court will inform you the amount the stamp duty to be paid, for which you can get a challan from court in respect of the bank account pertaining to the court with the respective bank, you can also pay the amount directly without involving your advocate for this after getting instructions from court on this. 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

Sir

Generally lawyers do not cheat and your money will be safe however there cannot be any assurance from anyone on this. I can suggest to check the credentials of the lawyer and trust only the reputed lawyers. For example, we had received a payment of rs 2 lakhs yesterday from australia for a case however our fee was one lakh and we had informed the client that we had received double money and he could collect the amount from us. Therefore I will suggest you to engage a trusted lawyer only. You can do one thing that pay money in two installments and this way you will be safer. If you have work in Delhi NCR then you can contact us without any trust issue.

good luck

Gopender
Advocate, New Delhi
384 Answers

Obtain receipt from lawyer that money was paid for payment of court fees 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

What a stupid follow up question is this?

It depends on the integrity of the lawyer

How can you expect the lawyers here to answer that???

You also have the option of directly paying the court fees into the Court's account using the Gras website or you can deposit the fees into the designated account of the Court 

If any lawyer takes money from you for court fees into his account and then does not account for it then you can also lodge a Bar Council complaint against that lawyer for professional misconduct 

But this question is plain weird and I'm surprised how these are being allowed on this platform!

Yusuf Rampurawala
Advocate, Mumbai
7741 Answers
79 Consultations

1. On a petition for the grant of Succession Certificate ad-valorem court fee has to be paid, which means it has to be computed on the market value of assets for which succession certificate is sought. It varies in every state.

2. If you trust your lawyer then make the remittance of court fee to his account, else go personally and buy the court fee stamps or stamp paper of the required denomination.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

Court fees are charged on market value and not on face value. 

You have to keep trust on lawyer and ask for court fees receipt or you can pay directly infront of lawyer.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

Hello,

  1. The court fee is calculated on basis of market value of the property with a ceiling of Rs.75,000/- as court fee in Maharashtra.
  2. Court Fee can either be paid from your account directly to the Registrar's account or through your lawyer's account. There is no reason for your money being unsecured if you transfer to your lawyer's account if you ensure that his/her legal fees are paid separately. If there are trust issues, you can always choose to pay the court fee yourself with guidance from your lawyer.

S J Mathew
Advocate, Mumbai
3599 Answers
175 Consultations

It will depend on govt guideline value. It depends on your trust. You can directly get the court fee paid through electronic mode or purchase it through govt counter 

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

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