Partition and Joint Possession Suits: Understanding Court Fees in Rajasthan (Section 35 & 36 of the Rajasthan Court Fees and Suits Valuation Act, 1961)

Partition suits occur where an individual wishes to separate and acquire independent possession of his share in a joint family property or a property shared with others. The Rajasthan Court Fees and Suits Valuation Act, 1961, determines the law regarding the computation of court fees in the case.

Partition Suits When the Plaintiff is Excluded from Possession (Section 35(1))

If an individual is excluded from using the joint property and sues for partition, court fee is charged on the market value of their share. Suppose an individual holds a 30% share in a property that is worth ₹15 lakh but is excluded from possession, they have to pay court fees on ₹4.5 lakh, which is the market value of their share.

Partition Suits Where the Plaintiff is in Joint Possession (Section 35(2))

If the plaintiff is already occupying the property but desires his share to be legally split, the court fee is fixed. If the share of the plaintiff is ₹5,000 or below, he has to pay a court fee of ₹30. If the share is between ₹5,000 and ₹10,000, the fee is ₹100. If the value exceeds ₹10,000, the fee is ₹200.

For instance, if an individual owns a ₹50,000 stake in jointly held property and is already occupying it, she has to shell out only ₹200 as court fee to invoke partition.

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Partition Claims by Defendants (Section 35(3))

A defendant in the case can also ask for partition and separate possession of his share. If the defendant has been excluded from possession, he is required to pay a fee based on half the market value of his share. If the defendant is in joint possession, he pays half the fixed court fee stated above.

For example, if the defendant has a ₹20,000 share in a property and is not permitted to enter the same, they have to pay court fees on ₹10,000. If they are jointly possessed, they only need to pay ₹100, which is half of ₹200.

Fees of Cancelling a Document or Decree (Section 35(4))

At other times, a plaintiff or defendant can also ask to cancel a decree or a legal document against the property. In these situations, they have to pay an extra court fee under Section 38 of the Act. For instance, if someone applies for partition and also needs to cancel a fraudulent sale deed that impacts his share, he will have to pay a fee for this request for cancellation as well.

Suits for Joint Possession (Section 36)

If someone is illegally refused possession of joint property and wishes to file a suit for joint possession, the court fee depends on the market value of his share. Suppose someone has a ₹2 lakh share in a property and has been refused possession. He has to pay a court fee on ₹2 lakh.

Conclusion

The Rajasthan Court Fees and Suits Valuation Act, 1961, provides for court fees for partition and joint possession cases to be fixed according to the value of the property and the nature of possession. Such provisions facilitate people’s understanding of what it costs to file partition suits in courts.