Do you know It takes only R.s. 20 as court fees to partition the crore of properties among family members?

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Shubham Budhiraja

(Advocate, Delhi High Court)

Shubhambudhiraja02@gmail.com

(i)                  Plaintiff had filed the Suit inter alia claiming a preliminary decree of partition of the suit properties and declaring the Plaintiff to be an owner of 1/3rd share of the suit properties. Plaintiff had further sought a final decree of partition thereby partitioning the properties by metes and bounds according to the shares of the parties and delivering separate possession to the parties.

 

(ii)                It is settled law that in a suit for partition, the Court fees to be paid if joint possession is pleaded by the plaintiff on the basis that he is the co-owner of the property sought to be partitioned, fixed Court fees would be payable under Article 17(vi) of Schedule II of the Court Fees Act presuming the joint possession of the plaintiff even if the plaintiff is not in actual possession. It is because of the reason that in the case of co-owners, the possession of one is in law possession of all.

 

(iii)               In view of the specific averment in the plaint, court fees payable on the relief of partition will not be governed by Section 7 (iv) of the Court Fees Act but would be governed by Article 17(vi) of Schedule –II of the Court Fees Act which requires the plaintiff to pay fixed court fees of R.s. 19.50 and not ad valorem on the market value of his share.[1]


[1] CS(OS) 216/2020, Delhi High Court

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