Whether plaintiff is required to pay Advaloram court fees if he has only filed suit for registration of sale deed?

 In this case, plaintiff is seeking appropriate directions to the authorities to register the sale deed dated 1st February, 2011 and thus, it was not a comprehensive suit, being not coupled with any other reliefs. In the given set of facts, the subject matter of the dispute being not susceptible of monetary valuation, it is subject to valuation under clause (j) of Section 6 of the Maharashtra Court-fees Act.

IN THE HIGH COURT OF BOMBAY

Writ Petition No. 5426 of 2012

Decided On: 05.07.2019

Prakash Nandkishor Bhalke  Vs.  The Joint District Registrar, Photozinco Premises 

Hon'ble Judges/Coram:

Sandeep K. Shinde, J.

Citation: 2020(1) MHLJ 646

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Whether it is mandatory for plaintiff to pay advalorem court fee for seeking declaration that gift deed is not binding on him?

 So far as the issue of improper valuation and inadequate

payment of court fee is concerned the objection of counsel for

petitioners is on the plea that the suit should have been valued

on the basis of gift deed under challenge and accordingly the

advalorem court fee should have been paid.

12/ A perusal of the plaint reveals that the plaintiffs are

claiming the suit property to be joint family property and alleged

gift deed has been executed by defendant no. 2 in favour of

defendants no. 3 & 4. Plaintiffs are not party to the gift deed

and the prayer in the suit is to declare the gift deed as null and

void and not binding on the plaintiffs.

13/ The record further reflects that plaintiffs have valued the

suit as per their share in the suit property and have accordingly

paid the court fee thereon and in respect of declaration relating

to gift deed the fix court fee has been paid and separate court

fee on the relief of permanent injunction has been paid.

14/ In view of the judgment of the Supreme court in the

matter of Suhrid Singh @ Sardool Singh Vs. Randhir Singh

& others reported in 2010 AIR SCW 3308 when the plaintiff is

not party to the gift deed and is claiming partition and injunction

then he is not liable to pay the advalorem court fee on the said

relief. Trial court has rightly examined the legal position in this

regard while holding that the advalorem court fee as per value

of the gift deed is not payable.

HIGH COURT OF MADHYA PRADESH BENCH AT INDORE

(S.B.: HON. SHRI JUSTICE PRAKASH SHRIVASTAVA)

Civil Revision No. 136/2011

Vishal Vs.   Hukumchand (dead) through his L.Rs.& others

O R D E R

(Passed on 22/4/2019 )

Citation: AIR 2019(NOC) 736 MP

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What court fees will be required to be paid if non-executant is seeking declaration that sale deed is not binding on him?

The plaintiff who is a non-executant seeks to avoid

the sale deed and has sued for a declaration that it is not valid

and binding on him. Only a fixed court fee need be paid on the

amount at which the relief sought is valued in the plaint or on



Rupees One Thousand whichever is higher.   
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT:

                 MR.JUSTICE V.CHITAMBARESH

               4TH DAY OF JULY 2012

              WP(C).No. 19268 of 2010 

          USMAN KURIKKAL,
         Vs

          PARAPPUR ACHUTHAN NAIR,
         

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