Family Partition suit Family Partition suit

2 months ago

We, two brothers, legal heirs have landed property in TNadu. Both of us have equal share in property. Since my brother is not cooperating for partition on an amicable basis, I want to file a partition suit. Guideline value of property is 1 Cr. My share is 50 lakhs. If I have to file a partition suit, what will be the applicable court fee?



We, two brothers, legal heirs have landed property in TNadu. Both of us have equal share in property. Since my brother is not cooperating for partition on an amicable basis, I want to file a partition suit. Guideline value of property is 1 Cr. My share is 50 lakhs. If I have to file a partition suit, what will be the applicable court fee?
We, two brothers, legal heirs have landed property in TNadu. Both of us have equal share in property. Since my brother is not cooperating for partition on an amicable basis, I want to file a partition suit. Guideline value of property is 1 Cr. My share is 50 lakhs. If I have to file a partition suit, what will be the applicable court fee?

Anik

Responded 2 months ago

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A.Dear client,

As per the Tamil Nadu Court-Fees And Suits Valuation Act, 1965 , Fees shall be paid at the following rates in a suit for partition and separate possession of joint family property or property possessed, jointly or in common, by a plaintiff who is in joint possession of such property:
1. DistrictMunsif court - 100Rs
2. the City Civil Court, Chennai or a Sub-Court or a District Court - Rupees one hundred, in the event that the plaintiff's share is valued at less than thirty thousand rupees; rupees five hundred, in the event that the value is thirty thousand rupees or more; and rupees seven hundred and fifty, in the event that the value is one lakh rupees or more.
3. High court - 1000Rs

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
The court fee for filing a partition suit is levied on the value of the total area/volume of the property and after the partition of the property, Stamp duty and registration fees on sale are charged on the market value or set forth value (whichever is higher) of the property belongs to each owner post partition. The Court fees and stamp duty are different things applicable for different purposes. Thus, for filing a partition suit court fee shall be a guideline value of the property. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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