Cancellation of a Deed: किसी विलेख को रद्द करने के लिए Court fee कैसे पता करें?

#Property_law #cancellation_of_Deed #saledeed #probate #Transfer_of_Property_Act #Letter_of_Administration #Registered_Will #Unregistered_Will Whether you are a legal professional or a common man, I am asking this question to you? Kindly listen the question carefully and answer it. `A' and `B' -- two brothers. `A' executes a sale deed in favour of `C'. Subsequently `A' wants to avoid the sale. 1. What suit “A’ needs to file? 2. What should be the prayer of ‘A’? 3. What court fee ‘A’ has to pay? Now Think of `B': Who is not the executant of the deed, but the sale deed affects him and if it is not declared invalid, it will create problem for him. So he wants to avoid it: What B has to do? Same 3 questions: 1. What suit “B’ needs to file? 2. What should be the prayer of ‘B’? 3. What court fee ‘B’ has to pay? 4. What will be situation if B is not in possession. • Before I proceed further to see the relevant provisions and tell you the about its answer, let me share the coincidence. • My advocate friend, Shuklaji who is practicing in Delhi, asked me the similar question related to prayer and court fee. • Similar questions was asked by my viewer Pundir ji, an advocate from Uttarakhand. Mr. Pundir even sent me a judgment which is being cited by court in his case to show that he should pay the advolerum court fee. This judgment is of Single Bench of Allahabad HC and of 1998. • Whereas I am referring the case of Supreme Court and of 2010. Hope Mr Pundir, you would be in better condition to argue. • I am grateful to my friends who watch my video regularly and communicate with me. Legally speaking, both may be suing to have the deed set aside or declared as non-binding. But the form is different and court fee is also different. First about ‘A’ who executed the Sale deed and now wants to avoid. • `A' is the executant of the deed, seeks cancellation of the deed. • `A' has to file a suit for cancellation of the sale deed. He has to keep his pleading and pray in the light of section 31 of Specific Relief Act. • He needs to pray for cancellation of sale deed and further to inform the concerned Sub-registrar about the cancellation of sale deed. • He has to pay ad-valorem court fee on the consideration stated in the sale deed. Now ‘B’, who has not executed the sale deed. But he is in possession of the suit property. • B has to file a suit for declaration that the deed is null or void non- est/ illegal and does not bind him or his share. • Since he is in possession, so he does not need the relief of possession. • His consequential relief is for injunction. • He should also pray for direction to Sub-registrar to register cancellation of sale deed as per Section 31 of Specific Relief Act. • He has to merely pay a fixed court fee of Rs. 19.50 under Article 17(iii) of Second Schedule of the Act. Now the 2nd scenario: If `B', a non- executant is not in possession: • He seeks not only a declaration that the sale deed is invalid, but also the consequential relief of possession. • He has to pay an ad-valorem court fee as provided under Section 7(iv)(c) of the Act. • Let us see what the law says: • Section 7(iv)(c) provides that in suits for a declaratory decree with consequential relief, the court fee shall be computed according to the amount at which the relief sought is valued in the plaint. • Here proviso is important. It makes it clear that where the suit for declaratory decree with consequential relief is related to any property, then the valuation shall not be less than the value of the property calculated as per Section 7(V) of Suit Val Act. • A landmark judgment of Supreme Court of India • • Suhrid Singh @ Sardool Singh vs Randhir Singh & Ors o On 29 March, 2010 Equivalent citations: AIR 2010 SC 2807, 2010 (12) SCC 112, Author: R.V.Raveendran Bench: R M Lodha, R V Raveendran