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Property partition matter what to do


03-May-2023 (In Property Law)
Me and my wife are coowners in a 2bhk flat in Kandivali bought in 2013 for 1.1 Cr. My wife has filed divorce and dowry case on me and taken possession of the flat..My question is 1) what is the the court fee I need to pay if I file a partition case against my wife.. Please let me know if the case cannot be filed with minimum court fee say Rs 5000 etc.. 2) Will the case be filed in high court directly..
Answers (1)

Answer #1
893 votes
For partition suit you need to pay Rs 500 as court fee and if injunction us needed pay Rs 50. Then when it gets ordered each share holder must pay a court fee as Rs 500.

Partition suits.-
(1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff whose title to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share.
(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:—
Rupees fifteen if the value of plaintiff’s share is Rs. 3,000 or less;
Rupees thirty if the value is above Rs. 3,000 but not more than Rs. 5,000.
Rupees one hundred if the value is above Rs. 5,000 but below Rs. 10,000 and
Rupees two hundred if the value is Rs. 10,000 and above.
(3) Where, in a suit falling under sub-section (1) or sub-section (2), a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession.
(4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in section 38 separate fee shall be payable on the relief of cancellation in the manner specified in that section.


The case you need to file for partition has to be filed in the jurisdictional civil court. Generally, the court fee for partition suit is Rs.200/- if the plaintiff's share in the property is more than Rs.10000.

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