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What are the stay order fees in case of stay on property?


25-Jul-2024 (In Property Law)
Dear Sirs, I wanted to know what is the High Court stay order fees at Thane, for taking a Stay Order on a property/flat costing approx. around Rs. One Crore Twenty Five Lakhs. Is the stay order fees in India different for different states like in Mumbai from Tamil Nadu?
Answers (3)

Answer #1
158 votes

the total cost for obtaining a stay order in India depends on several factors, including the type of case, court jurisdiction, and advocate?s fees. Here's a clearer breakdown for better understanding:

1. Court Fees

  • Nominal and Fixed (depending on the court and subject matter)

  • In High Courts, it may be as low as Rs2.65 to a few hundred rupees, depending on the state's Court Fees Act.

  • In civil cases, fees can be based on the value of the relief sought.

  • For urgent hearings, additional fees may apply.

2. Advocate Fees

  • This varies significantly based on:

    • Lawyer's experience and reputation

    • Urgency of the matter

    • Complexity of the case (e.g., land dispute, property matter, eviction, etc.)

  • Typical Range:

    • District/Lower Court: Rs 5,000 - Rs 25,000

    • High Court: Rs 30,000 - Rs 1,00,000+

    • Supreme Court: Rs 75,000 - Rs 3,00,000+

3. Other Possible Costs

  • Drafting charges for stay petition and supporting affidavits

  • Miscellaneous expenses like photocopying, notary, court clerk, etc.

  • Travel/accommodation (if applicable for outstation clients/lawyers)

  • Expert opinions (in technical or complex cases)


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Answer #2
904 votes
Dear Sir/Madam, The Court fees is determined under the Court Fees Act. However it depends on the kindly of remedy/ action you are pursuing under the law. Depending upon your case you will have to determine the nature of proceedings that has to be initiated and accordingly High Court fees can be calculated.
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Answer #3
680 votes
The Court fees depend upon the Prayers you are making to the Court in your Petition. Suit for only injunction will attract less Court fees then to proving ownership. Your actual purpose is needed to be understood for ascertaining Court Fees.
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