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Calculation of court fees in case of property dispute


25-Sep-2023 (In Civil Law)
I am Ravi. My mother has a House . In 1999 She Executed a Settlement in favour of her four Sons ( me and my three brothers). On the same year we four brothers executed a Power of attorney in favour of our mother to stay in the house for her life time and we also include the line “No one has the right to cancel the power of attorney”. Because of that above line , Officials in Registration Department assumed that the document as SaleDeed , After two years one official of Registration Department , asked one of my brother to pay extra amount. That person without asking anything unknowingly pay the asked amount. Our mother expired in 2016 , after that we saw Encoumerence Certificate , that power of attorney document entry was comes as Sale Deed . To Cancel the above entry through Court Order, How the Court Fees is Calculated , 1. On the current market value or 2. On the date of execution of Power of Attorney.
Answers (4)

Answer #1
689 votes
I don't understand, why you want to cancel your entry in the SRO. Anyhow you will not get the amount which you gave already. Now your mother is no more. You all are legal heirs and automatically it comes to you. If you want to cancel the entry of sale deed the limitation period is over. If you want any further clarifications please contact me.

Answer #2
797 votes
Hello sir, after reading your post I was shock and surprise about your issue in power converted to sale deed ,it's not possible thing and if power given means based on power that power holder can sale the property so please get consent with advocates
Answer #3
645 votes
Dear Client,
First of all, it cannot be opined of the legality of GPA without going through the clauses. The registration Dept. might have sent Notice to all the Principals who had executed the said GPA before passing any official Order on that. what was your response was not explained.The Court Fee will neither be calculated directly on the market value or on the date of execution. It will be governed by the Court Fees Act prevailing in the state in which property is situated. As per the provision it may be on the market value or a fixed Court Fee.
Answer #4
529 votes
Hello Mr. Ravi,
What is the actual relief raised in your plaint? If you wanted to cancel the document (sale deed) then you will have to pay the court fee under section 40 on the value of the property as executed in the document.

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