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When is Declaratory Relief Court Fees Not Required in Maharashtra?
- Exemption Based on Nature of Suit and Property Involved
Courts have held that suits for declaratory relief where the relief is not linked to property valuation do not require ad valorem court fees. Specifically, if the suit does not involve property or the declaration is purely personal or declaratory without consequential relief relating to property, court fees are not payable.
References: - Shri Chetan s/o Purushottam Borkute vs Smt. Nilima w/o Satish Wankhede - Bombay: The court emphasized that valuation for declaratory suits must reflect the property's perceived value and cannot be arbitrary. When the suit is for declaration of adoption or invalidation unrelated to property valuation, proper fees are to be paid.
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Niraj S/o Narendra Walle VS Vijaya W/o Narendra Walle - Bombay, Purshottam S/o Tukaram Ambarwele vs Mahadeo S/o Tukaram Ambarwale (dead) - Bombay, Purshottam S/o Tukaram Ambarwele vs Mahadeo S/o Tukaram Ambarwale (dead) - Bombay: Courts clarified that if a declaratory suit pertains to property, the valuation and court fees are applicable; otherwise, they are not required. The proviso in Section 6(iv)(ha) makes it clear that suits for declaratory relief not referencing property do not necessitate ad valorem fees.
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Suit for Declaratory Relief Without Consequential Property Relief
When the declaratory relief does not include consequential relief related to property or specific performance, the courts have held that fixed court fees apply or that no ad valorem fees are necessary.
References: - Sham VS Madhubala Lalitkumar Jain - Bombay: The court noted that a suit seeking declaratory relief without property or consequential relief does not require ad valorem court fees.
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Ravindra Narayan Rajarshi VS Rohini Ganpatrao Heblikar - Bombay: Declaratory suits for specific performance or ancillary relief do not require separate court fees for the declaratory aspect, especially if no property valuation is involved.
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Legal Provisions and Clarifications
- Section 6(ha) of the Maharashtra Court Fees Act, 1959, specifies that suits for declaratory relief referencing property require proper valuation and fees. However, if the suit is purely declaratory without property reference, fees are not mandated.
- The proviso to Section 6(ha) clarifies that suits for declaratory relief with consequential property relief must be valued accordingly; otherwise, no fees are payable.
- Amendments and judicial interpretations confirm that declaratory suits without property or consequential relief generally do not require ad valorem court fees.
Summary:
In Maharashtra, declaratory relief court fees are not required when the suit does not involve property valuation or consequential relief related to property. Such suits are considered purely declaratory and fall outside the scope of ad valorem fee requirements under Section 6(ha) of the Maharashtra Court Fees Act, 1959.
References:
- Shri Chetan s/o Purushottam Borkute vs Smt. Nilima w/o Satish Wankhede - Bombay
- Niraj S/o Narendra Walle VS Vijaya W/o Narendra Walle - Bombay
- Purshottam S/o Tukaram Ambarwele vs Mahadeo S/o Tukaram Ambarwale (dead) - Bombay
- Purshottam S/o Tukaram Ambarwele vs Mahadeo S/o Tukaram Ambarwale (dead) - Bombay
- Sham VS Madhubala Lalitkumar Jain - Bombay
- Ravindra Narayan Rajarshi VS Rohini Ganpatrao Heblikar - Bombay
Search Results for "In which Declaratory Relief Court Fees is Not Required to Pay in Maharashtra"
• India - Bombay High Court
N.B. Suryawanshi, J
(A) Maharashtra Court Fees Act, 1959 - Section 6(ha) - Court Fees - Plaintiff sought declaration of adoption and invalidation of ... (Paras 5, 19, 20) ... ... (B) Declaratory Relief - The court established that ... the valuation for suits seeking declaratory relief must reflect the perceived value of the property involved and cannot be arbitrary ... directed him to pay the proper court....
2017 0 Supreme(Bom) 432 • India - Bombay
Z.A.HAQ
-Plaintiff being not executant of sale-deed, not required to pay ad valorem court-fees on valuation of sale- deed. ... Maharashtra Court-fees Act, 1959 - Section 6(iv)(ha)-Payment of court- fees. ... as per Section 6(iv)(ha) of the Maharashtra Court-fees Act. ... Section 7(iv)(c) provides that in suits for a declaratory decree....
• India - Bombay High Court
ANIL S. KILOR, J
Section 6 (iv)(ha) of the Maharashtra Court Fees Stamp Act, will not apply to the case of the appellant and both the Courts below have committed error in asking the appellant to pay the Court fees as per Section 6 (iv)(ha) of a href="./.. ... The proviso thereto makes it clear that where the suit for declaratory decree with consequential relief is with reference to any property, such valuation shall not be less th....
2023 Supreme(Online)(Bom) 23527 • India - Bombay High Court
ANIL S. KILOR, J
Section 6 (iv)(ha) of the Maharashtra Court Fees Stamp Act, will not apply to the case of the appellant and both the Courts below have committed error in asking the appellant to pay the Court fees as per Section 6 (iv)(ha) of a href="./.. ... The proviso thereto makes it clear that where the suit for declaratory decree with consequential relief is with reference to any property, such valuation shall not be less th....
2020 0 Supreme(Bom) 645 • India - Bombay
V.K.JADHAV
it is a suit for seeking declaratory relief - Held, It is needless to say that question of jurisdiction and amount of court fees ... has not considered relief sought by respondent-plaintiff in its proper perspectives - respondent-plaintiff is liable to pay court ... Maharashtra Courts Fees Act, 1959 - Section 6 - Agreement of Sale - After having heard both parties trial ... The respondent-plaintiff is liable to #HL....
2015 0 Supreme(Bom) 1867 • India - Bombay
MRIDULA BHATKAR
Court Fees Act and the Maharashtra Civil Courts Act, particularly section 28C. ... of various sections of the Maharashtra Court Fees Act in determining the proper valuation. ... Key legal provisions such as section 6(iv)(j) and section 6(iv)(ha) of the Maharashtra Court Fees Act were interpreted to determine ... The appropriate court fees is paid on the declaratory reli....
1970 0 Supreme(Pat) 130 • India - Patna
SHAMBHU PRASAD SINGH, B.D.SINGH
The court also held that the petitioner was liable to pay fixed declaratory court fee for the relief of injunction under Article ... requires ad valorem court fee for suits for declaration with consequential relief. ... COURT FEES ACT - SUIT FOR DECLARATION WITH CONSEQUENTIAL RELIEF - SECTION 7(IV)(C) - AD VALOREM COURT FEE PAYABLE ON TOTAL VALUATION ... In our opinion, the plain....
2017 0 Supreme(Bom) 1055 • India - Bombay
MRIDULA BHATKAR
Fees Act as they were suits for specific performance, and the plaintiffs were not required to pay Court fees for the other ancillary ... declaratory reliefs. ... Court Fees - Payment of Court fees under the Maharashtra Court Fees Act - Abdul Gaffar Abdul Samad vs. ... under the Specific Relief Act and it is #....
2025 Supreme(Online)(DEL) 738 • India - High Court of Delhi
MR. JUSTICE ANISH DAYAL, J
regarding declaratory suits and amendments was considered, but the court emphasized the necessity of seeking consequential relief ... ad valorem court fees as required under Section 8 of the Suit Valuation Act, 1887 - Court found no prima facie case of co-ownership ... consequential relief to be maintainable, and the failure to pay ad valorem court fees was a significant ground for rejection of ......
2007 0 Supreme(Bom) 1169 • India - Bombay
F.I.REBELLO, J.P.DEVADHAR
It was held that Divisional Bench of the Court in 1992 (1) Bom CR 568 had considered point and held that amendment of 1985 was declaratory ... . - Petition filed contending conveyance under Section 2(9) of Act prior its Amendment in 1985 did not include consent decree. ... After going through the various authorities cited before us we are of the opinion that the amendment introduced by Maharasthra Act No. 27 of 1985 is merely a declaratory and not a remedial one. The interpretatio....
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