Suits for Declaration and Adoption (Sections 24 & 25 of The Rajasthan Court Fees and Suits Valuation Act, 1961)

Where a person institutes a suit for a declaration, the court fee varies based on the character of the declaration and any other relief. Section 24 of The Rajasthan Court Fees and Suits Valuation Act, 1961 clarifies how to calculate court fees for various types of suits for declarations. Section 25 specifically addresses the adoption cases.

Court Fees on Suits for Declaration (Section 24)

If one files a suit for a declaration and a prayer for possession of property, the fee to be paid to the court is determined as per the market value of the property. Nevertheless, there is a minimum fee of ₹20 for such suits. For instance, if one desires a declaration that a house is his or her property and also desires possession thereof, the fee is determined according to the market value of the house but not below ₹20.

If the suit is for a declaration together with an injunction (a court order restraining a person from doing something), and the matter pertains to immovable property such as land or a dwelling house, the court fee is determined by half the market value of the property or a minimum of ₹20. For instance, if one sues for land ownership and petitions the court to enjoin another to sell, the fee is computed on half of the market value of the land.

When an individual files a case to safeguard their sole rights over something, e.g., a book, design, brand name, or picture, and alleges that their rights have been infringed, the court fee is based on the value specified in the plaint. Nevertheless, the minimum court fee for such cases is ₹40. For example, if one writer sues another for issuing his book with his permission without his consent, the court charges are calculated by the value provided in the litigation but not lower than ₹40.

If an individual only wants a declaration over a property but does not seek any other relief, the court fee is computed on the market value of the property. The minimum charge in such instances is ₹20. For instance, if an individual files a suit to declare ownership of a specific piece of land but does not seek possession or an injunction, the court fee is determined based on the market value of the land.

For other declaratory suits that do not pertain to property or if the object of the case cannot be priced, the fee in court depends on the amount specified in the plaint. In such cases, the minimum is ₹25. 

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Court Fees for Suits Pertaining to Adoption (Section 25)

When a suit is filed concerning the validity or invalidity of an adoption, or to determine whether an adoption has been made, the court fee depends on the market value of the property impacted by the adoption. If the value of the property is ₹5,000 or less, the court fee is ₹50. If it is between ₹5,000 and ₹10,000, the fee is ₹100. If the value is more than ₹10,000, the fee is ₹500.

For instance, if there is a dispute regarding an adoption and the value of the property involved is ₹8,000, the court fee will be ₹100. If the value of the property is ₹15,000, the fee will be ₹500.

Rules 24 and 25 provide that the court charges on declaratory and adoption cases should be reasonably determined according to the subject matter value. These provisions assist one in assessing the filing costs of such proceedings before Rajasthan courts.