AI Overview...
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Court Fee for Declaration and Possession - The applicable court fee depends on the nature of relief sought. If the relief is solely a declaration (e.g., declaring a sale deed invalid, family settlement, or ownership rights), a fixed court fee applies. When the relief involves possession or consequential relief, ad valorem (value-based) court fees may be applicable Naveen Chaudhary VS Harsh Chaudhary - Punjab and Haryana, Rambai VS Kapoori - Punjab and Haryana, Srimathi Mokhamatla Kondamma VS Srimathi Mokhamatla Venkatalakshmidevi - Andhra Pradesh, Bodanapu Khasim VS Bodanapu Khaderaiah - Andhra Pradesh.
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Declaration of Property Rights - For declarations related to property rights, such as partition, ownership, or declaring a sale deed invalid, fixed court fees are generally applicable unless possession or additional relief is involved. For instance, in cases where possession remains undisturbed, no ad valorem fee is necessary Rambai VS Kapoori - Punjab and Haryana.
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Family and Personal Status Cases - In cases involving family settlements, nullity of marriage, or personal declarations, the court fee depends on the relief claimed. For nullity of marriage petitions, fixed fees are usually applicable, and claims for possession must be separately pleaded with appropriate fees Harshita Shivdasani VS Vijaykumar Shivdasani - Bombay.
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Specific Case Examples:
- In a case where a declaration was sought regarding a sale deed, only fixed fee was payable as possession was not disturbed Rambai VS Kapoori - Punjab and Haryana.
- For partition suits involving joint family property, additional fees may not be necessary unless a declaration of rights or ownership is involved Gulab Dei VS Chief Inspector of Stamps, U. P. Lucknow - Allahabad.
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In cases where possession is not disturbed, courts have held that ad valorem fees are not required, emphasizing the importance of the relief sought Srimathi Mokhamatla Kondamma VS Srimathi Mokhamatla Venkatalakshmidevi - Andhra Pradesh.
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Court's Discretion and Principles - Courts emphasize that the nature of relief (declaration vs. possession) determines the fee. If possession is not disturbed and only declaration is sought, fixed fees suffice. Conversely, if possession or consequential relief is involved, ad valorem fees based on property value are applicable Naveen Chaudhary VS Harsh Chaudhary - Punjab and Haryana, Rambai VS Kapoori - Punjab and Haryana.
Analysis and Conclusion:
Husbands or plaintiffs in family court cases must pay court fees based on the specific relief they seek. For declarations of rights, ownership, or validity of documents, fixed court fees are generally applicable. When seeking possession or consequential relief, ad valorem fees based on property value are required. Proper classification of the relief is crucial for determining the correct court fee, and courts have clarified that mere possession without disturbance does not necessitate ad valorem fees.
References:
- Naveen Chaudhary VS Harsh Chaudhary - Punjab and Haryana, J. Vasanthi VS N. Ramani Kanthammal (D) Rep. by LRs. - Supreme Court, Srimathi Mokhamatla Kondamma VS Srimathi Mokhamatla Venkatalakshmidevi - Andhra Pradesh, Rambai VS Kapoori - Punjab and Haryana, B. R. Koteshwara Rao VS G. Rameshwari Bal - Andhra Pradesh, Chandra Kanta Devi VS Mukteshwar Jha Alias Mukteshwar Thakur - Patna, Bodanapu Khasim VS Bodanapu Khaderaiah - Andhra Pradesh, Abhay Tandon VS Manju Tandon - Punjab and Haryana, Harshita Shivdasani VS Vijaykumar Shivdasani - Bombay, Gulab Dei VS Chief Inspector of Stamps, U. P. Lucknow - Allahabad
Search Results for "Husband has to Pay Court Fee for Declarration and Possession in Family Court"
2024 0 Supreme(P&H) 1090 • India - Punjab and Haryana
DEEPAK GUPTA
of deed is sought, ad valorem court fee applies; if only declaration, fixed court fee applies. ... (A) Prohibition of Benami Property Transactions Act, 1988 - Section 2(9) - Court fee - Plaintiff sought declaration of exclusive ... ... ... Issues: Whether the declaration sought by the plaintiff constitutes a benami transaction and the appropriate court fee applicable ... Plaintiff (petitioner h....
2017 6 Supreme 25 • India - Supreme Court
DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
The 2nd defendant is the husband of the 3rd defendant and the 4th defendant is their son. ... to seeking its cancellation – Court fee has to be paid in accordance with section 40. ... No.20 of 2014 praying for directing the plaintiff to pay the court fees under Section 40 of the Act failing which to reject the plaint ... But if B, a non-executant, is not in possession, and he seeks not only a declaration that the sale deed is invalid, but also the consequential relief....
1956 0 Supreme(AP) 187 • India - Andhra Pradesh
looked into. * If no adoption has taken place or if the adoption is invalid, the adopted son acquires no rights in the adoptive family ... that the adoption is invalid in order to obtain the relief of partition and separate possession. * The prayer for declaration was ... Ratio Decidendi: The court relied on the following principles: * The defendant-appellant is to pay only the court-fee that ... No. 31 of 1953 on the file of the Sub-Court, Eluru, ....
2014 0 Supreme(P&H) 540 • India - Punjab and Haryana
BHARAT BHUSHAN PARSOON
Court Fees Act, 1870, S.7--Ad valorem Court Fee--Only relief claimed is declaration for cancellation of sale deed as one of the family ... court fee not payable. ... member has prime facie defrauded helpless illiterate Parda Nashin old woman--Possession of land has not been disturbed--Ad valorem ... In the peculiar facts and circumstances of this case, when possession of the land has not been disturbed and one of the member of the #....
2003 0 Supreme(AP) 598 • India - Andhra Pradesh
C.Y.SOMAYAJULU, G.BIKSHAPATHY
thereof through her husband - Held, Plaint schedule land is not Included in declaration of plaintiff by Itself is not a ground to ... consequential relief of permanent injunction restraining defendants and their men from interfering with her peaceful possession ... and enjoyment of plaint schedule property or in alternative for possession of plaint schedule property by evicting defendant there ... Padmavathi Bal after obtaining permission from Tahsildar, medchal, and has been in possession thereof throu....
1977 0 Supreme(Pat) 186 • India - Patna
MADAN MOHAN PRASAD
has sufficient means to pay the court fee. ... has sufficient means to pay the court fee. ... Finding of the Court: The court held that mere possession of property does not lead to the conclusion that the person ... Firstly, it was said that her husband and sons had properties ; next that she was a member of the joint family consisting of her husband and her four sons which had....
1995 0 Supreme(AP) 475 • India - Andhra Pradesh
K.S.SHRIVASTAVA
family and follow Hindu customs and practices. ... Whether the plaintiff is entitled to a declaration of his 1/4th share, partition, and separate possession of the plaint schedule ... The plaintiff, being a Muslim, is not entitled to a declaration of his 1/4th share, partition, and separate possession of the plaint ... Since the appellant- plaintiff has been permitted to file this appeal in forma pauperis, he has not paid the Court fee of Rs. 2,466/- on the memorandum....
2019 0 Supreme(P&H) 828 • India - Punjab and Haryana
JAISHREE THAKUR
The court also considered the Family Settlement and its implications. ... The court also held that the Family Settlement did not create any right, title, or interest in favor of the defendant. ... The suit property was initially allotted to the plaintiff's husband, and after his death, it was transferred to the plaintiff. ... Thus, the Family Settlement under no circumstances allows the appellant to retain the possession of the property in perpetuity, therefore, the s....
2013 0 Supreme(Bom) 1121 • India - Bombay
ROSHAN DALVI
It is an abuse of Court process for a party to smuggle in a prayer for possession in a petition for declaration of nullity of marriage ... for which alone the fixed court-fee is specified. ... ... The suit was filed on fixed court-fee of Rs. 100/- which was available ... The Respondent husband filed a petition for declaration of nullity of the marriage and for obtaining vacant and peaceful possession of the premis....
1966 0 Supreme(All) 37 • India - Allahabad
S.S.DHAVAN
partition of joint family property, when faced with a defence based on a will, does not have to ask for a declaration that the alleged ... Finding of the Court: The court held that the appellant was not liable to pay additional court fee for alleging the ... Fact of the Case: The appellant filed a suit for the partition of her half share in joint family property. ... The appellant in her replication alleged that her husband had ....
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