AI Overview...
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Court Fees for Declaration of Fraudulent Sale - Generally, no ad valorem court fees are required when seeking a declaration that a sale deed is void, fraudulent, or not binding. Such relief is considered a simple declaration, which typically mandates fixed court fees rather than ad valorem fees. Rajesh Kumar (Deleted) Through Lrs (A) Smt Lalli vs Mangal Singh (Deleted) Through Lrs Bhagwan Singh - Madhya Pradesh, Saya Jeet VS Balle Singh @ Balram - Madhya Pradesh, Saya Jeet VS Balle Singh - Current Civil Cases, Devasharay Singh VS Saroj Kumar @ Saroj Singh - Patna
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When the sale deed is challenged as void or fraudulent, courts have held that the plaintiff is not obligated to pay ad valorem court fees, especially if the relief sought is purely declaratory without seeking substantive relief like specific performance or cancellation requiring separate fees. KRISHAN GOPAL AND OTHERS vs SMT RUKMANI DEVI AND OTHERS - Madhya Pradesh, Jafar Imam VS Devender Chauhan - Delhi, LINMAT JAGANNATH SAHU VS PURUSHOTTAM NARAYAN SAHU - Madhya Pradesh
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Specific Cases & Legal Principles - The courts have clarified that if the primary relief is a declaration that the sale deed is null and void due to fraud or forgery, fixed court fees suffice. Conversely, substantive reliefs such as cancellation or specific performance may require ad valorem fees. Kunhanna Shetty VS Cecilia Crasta - Karnataka, Dasrath Singh vs Smt. Ramwati - Madhya Pradesh, Sanjay Ramchandra Shendkar VS Narayan Antu Zendge - Bombay
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Notable Judgments - The Supreme Court and various High Courts have consistently emphasized that declarations of void or fraudulent sale deeds do not necessitate ad valorem court fees, aligning with the principle that such declarations are procedural and do not involve substantial transfer of rights requiring valuation. Rajesh Kumar (Deleted) Through Lrs (A) Smt Lalli vs Mangal Singh (Deleted) Through Lrs Bhagwan Singh - Madhya Pradesh, KRISHAN GOPAL AND OTHERS vs SMT RUKMANI DEVI AND OTHERS - Madhya Pradesh, Saya Jeet VS Balle Singh - Current Civil Cases
Analysis and Conclusion:
The prevailing legal view is that declaring a sale deed as fraudulent or void does not require the payment of ad valorem court fees. Instead, fixed court fees are sufficient for such declaratory relief. This principle is supported by multiple court judgments, which distinguish between declaratory relief and substantive reliefs like cancellation or specific performance, the latter potentially requiring ad valorem fees. Therefore, in cases seeking only a declaration of a sale deed as fraudulent or void, court fees are not required to be ad valorem.
Search Results for "Court Fees is Not Required for Declaration of Fraudulent Sale"
2024 0 Supreme(Kar) 518 • India - Karnataka
M. G. UMA
fraudulent sale deed - Plaintiffs valued suit under Section 24(d) for declaration that sale deed is not binding - Court confirmed ... Karnataka Court Fees and Suits Valuation Act - Sections 24(b), 24(c), and 24(d) - Suit for declaration of ... that a sale deed is fraudulent and not binding, along with a permanent injunction and direction to delete the entry regarding the ... When....
2025 Supreme(Online)(MP) 1989 • India - High Court of Madhya Pradesh
SHRI JUSTICE MILIND RAMESH PHADKE, J
Court Fees Act, 1870 , he is required to pay the ad-valorem Court fees on the valuation of the suit. AIR 1968 SC 956 held the alleged sale deed to be wholly void and not voidable and in that circumstance, concluded that it was not necessary for the applicants to seek relief of setting aside the sale deed and was not required to pay ad valorem Court-fees.
2025 Supreme(Online)(MP) 5337 • India - High Court of Madhya Pradesh
HIRDESH, J
(B) Powers of Attorney - Principle that a power attorney holder cannot sell property if the power of attorney is cancelled - Fraudulent ... It is clear that when plaintiffs make allegation that the instrument is void and hence not binding on him and seeking declaration of null and void of sale deed, so he is not required to pay ad valorem court fee. 7. ... want declaration as null and void. ... So, plaintiffs are not requ....
2014 0 Supreme(Del) 1353 • India - Delhi
SANJEEV SACHDEVA
of cancellation of sale deeds does not require separate ad valorem court fees. ... performance, and therefore, does not require separate ad valorem court fees. ... the relief of specific performance, and therefore, does not require separate ad valorem court fees. ... SURENDER SINGH; (2009) 159 DLT 517 to contend that in a suit for cancellation and decl....
2024 Supreme(Online)(MP) 38616 • India - High Court of Madhya Pradesh
SHRI JUSTICE VISHAL MISHRA, J
an order directing payment of ad-valorem court fee in a suit for declaration and permanent injunction based on alleged fraudulent ... fees on the basis of alleged fraud without proper evidence being presented - The trial court's decision to require payment of court ... ... ... Ratio Decidendi: The court emphasized that the petitioner, being a party to the sale deed, could not evade the obligation ... It is argued that as the eleme....
1984 0 Supreme(MP) 849 • India - Madhya Pradesh
GULAB C.GUPTA
declaration and requires ad valorem Court-fees under section 7 (iv) (c) of the Court-fees Act. ... II, Art. 17(iii) & S. 7 (iv) (c)-suit for declaration simpliciter-sale-deed wholly void-fixed Court-fees may be paid-section 7 (iv ... The plaintiffs paid Court-fees Rs. 30/- and prayed for declaration and the requisite Court-fees#HL_END....
2014 0 Supreme(MP) 575 • India - Madhya Pradesh
ROHIT ARYA
relief of declaration sought -- payment of fix court-fees is proper -- ad valorem court-fees not required. ... ad valorem court-fees -- simple relief of declaration sought -- ad valorem court-fees not required -- fix court-fees is proper - ... Hence, the plaintiff is required to pay fix #HL_....
• India - Current Civil Cases
ROHIT ARYA
HELD — Void document — Plaintiff required to pay fix court-fees — Not ad valorem court-fees for substantive relief of declaration ... d) — Sale deed — Not signed by plaintiffs and no consideration ever passed — On allegation that document forged and fabricated — ... sought — Trial Court not committed error of law or jurisdiction dismissing application under O. ... required to aff....
2008 0 Supreme(Pat) 237 • India - Patna
S.N.HUSSAIN
Issues: The main issue was whether the plaintiff was required to pay ad valorem court fees for seeking a declaration that ... Court Fees - Declaration of Title Suit - The court held that the plaintiff was only seeking a declaration that the sale deed was ... fraudulent, forged, and void ab initio. ... But since he has merely sought a relief that the sale deed/ be declared void, ....
2022 0 Supreme(Bom) 573 • India - Bombay
BHARATI DANGRE
has specifically prayed for injunction of sale deed executed on basis of alleged fraudulent Power of Attorney, which is prayed to ... For other declarations, Suit should be governed by clause (j) - A declaration to effect that sale deed is void and it is not binding ... sale deeds are not binding upon plaintiffs, since they are void - Residuary clause is Section 6(iv)(j), where declaration is sought ... a declaration#HL_EN....
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