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Applicability of court fee in case of suit for Declaration


Sir i want to know that in a suit for simple declaration a court fee is applicable or not ? Property is gifted from father to younger son all the other brother and sister give the affidavit in favour of plaintiff .... Thanks for your kind considreration


Answers (2)

IN A SIMPLE DECLARATION SUIT COURT FEE IS APPLICABLE. IT IS IMPORTANT WHEN YOU ARE GOING TO FILE A CIVIL SUIT YOU WILL HAVE TO PAY COURT FEE OR AT THE TIME OF FILLING CASE WITH AN APPLICATION TO PAY COURT FEE BEFORE THE CASE IS ABOUT TO DECIDE/FINAL.


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A civil suit for declaration of title simplisiter does not attract ad valorem court fee meaning thereby a suitor or litigant or plaintiff is not required to pay court fee according to the value of the property. However, the plaintiff is required to pay the nominal court fee in accordance with the subject matter of suit. For example a Suit for merely a declaration of title in Delhi requires Rs 20 as court fee. In your case it seems you are seeking a declaration simplisiter. But it is not clear whether you propose to institute a Suit declaration of document, cancellation thereof or title.

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