Ad Valorem Court Fees in suit for declaration of title and injunction
We have been living on a property for last 32 years as owner and the property was purchased via GPA/Will/ATS/Receipt in 1991. The property is in Delhi, India. It is a residential property. Suddenly a parallel chain of the same property emerged. The last two documents in the chain are registered sale deeds. Noticing this, we have filed a suit for declaration of title and injunction in the district courts. We paid the court fees as follows:
Valuation of the suit for the purposes of court fees and jurisdiction as under:
A. For Perpetual Injunction Rs. 1,00,00,000/- Court fees paid: Rs 500/-
B. For Mandatory Injunction Rs. 1,00,00,000/- Court fees paid: Rs 500/-
C. For Declaration Rs. 1,00,00,000/- Court fees paid: Rs 200/-
In the last hearing, the magistrate passed the following order:
“Perusal of record shows that though the plaintiff seeks the declaration that she be declared as the owner of the suit property, the court fees has not been filed accordingly. The plaintiff is required to file ad valorum court fees on the said relief. Hence, she is directed to do so by the NDOH.”
We are in a fix as to how to deal with this order as our advocate is of the opinion that we need not pay ad valorem court fees as we are already in settled possession of the suit property. Kindly guide me with proper supporting judgements of different courts. How should I bring it to the notice of district court that it has erred in its order if that is the case?
Asked 2 months ago in Property Law
Religion: Hindu
Dear Advocates,
Can you give me some more judgements regarding my case as mentioned in my original question so that I can convince the court that I need not pay ad valorem court fees in my case? Thanks in advance!
Asked 2 months ago
Kindly suggest a good civil advocate for Delhi. I am struggling to find one.
Thank you!
Asked 2 months ago