Paition Suit
2 months ago
Partition Suit:
In TN, my father&his brother have left behind properties under single Patta.They have 2 heirs each.
GV=Guideline Value
i).GV of fathers’s property=A
ii).GV of Property held by brothers=B
GV of my share is ½ of A + ¼ of B
I want my share of property by partition, I want to file partition suit. What is court fee for partition suit?
Partition Suit:
In TN, my father&his brother have left behind properties under single Patta.They have 2 heirs each.
GV=Guideline Value
i).GV of fathers’s property=A
ii).GV of Property held by brothers=B
GV of my share is ½ of A + ¼ of B
I want my share of property by partition, I want to file partition suit. What is court fee for partition suit?
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
Thank you
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
Thank you
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A.Dear Client,
Until and unless an undivided property is divided or partitioned through a decree of the Civil Court passed in a partition suit, the legal heirs are not considered owners of their share in the said property. Once a property is partitioned, it becomes 'self-acquired property' in the hands of the legal heirs who have received it, which gives them an unfettered right to deal and/or sell their share on payment of the stamp duty and registration fees on the value of their respective share in the property. 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. While court fees are levied on the guideline value/MV of the entire undivided property for filing a partition suit, the stamp duty and registration fees are charged on the individual share owned by the legal heirs after partition in case of transfer of ownership of the respective share to others.
Until and unless an undivided property is divided or partitioned through a decree of the Civil Court passed in a partition suit, the legal heirs are not considered owners of their share in the said property. Once a property is partitioned, it becomes 'self-acquired property' in the hands of the legal heirs who have received it, which gives them an unfettered right to deal and/or sell their share on payment of the stamp duty and registration fees on the value of their respective share in the property. 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. While court fees are levied on the guideline value/MV of the entire undivided property for filing a partition suit, the stamp duty and registration fees are charged on the individual share owned by the legal heirs after partition in case of transfer of ownership of the respective share to others.
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