Suits for Movable Property (Section 23 of The Rajasthan Court Fees and Suits Valuation Act, 1961)

In filing a suit of movable property in Rajasthan, the court charges are determined according to some principles stated in Section 23 of The Rajasthan Court Fees and Suits Valuation Act, 1961. Section 23 describes how the fee is to be determined based on whether or not the property has a market value.

Court Fees for Movable Property

If the property concerned has a marketable value, the fee is charged on that value. For instance, if someone files a case for a stolen laptop of ₹50,000, the court fee will be calculated on ₹50,000.

If the property lacks a market value, the fee is charged on the value provided in the plaint (lawsuit). This implies that the individual bringing the case has to provide a value for the property and the court fee will be charged on this basis. For instance, if a person claims ownership of an antique family heirloom with no fixed market value, he or she has to provide a value in the plaint and pay the fee accordingly.

Court Fees for Documents of Title

Title documents are legal documents that confirm property or money ownership, like deeds to property, loan contracts, or share certificates. The court charge is determined by whether the plaintiff’s ownership is being disputed or denied.

If the plaintiff’s right over the money or property cited in the document is refused, the court fee is worked out on one-fourth of the property or money. Assume, for instance, an individual asserts an ownership claim over a property valued at ₹10 lakhs but another party refuses their ownership. The court fee would be computed on ₹2.5 lakhs (one-fourth of ₹10 lakhs).

If only part of the property or funds is in question, the court fee is computed on one-fourth of that part. For example, if the dispute is limited to ₹2 lakhs from a ₹10 lakh property, the court fee will be computed on ₹50,000 (one-fourth of ₹2 lakhs).

Where the plaintiff’s right over property or money is not in dispute, the court fee is calculated on the amount declared in the suit or awarded by the court, whichever is greater. For instance, where one sues a relative to recover land documents but there is no issue of ownership, the fee will be charged on the amount declared in the plaint or as determined by the court.

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What is a Document of Title?

A document of title is a legal document that creates, declares, assigns, limits, or cancels rights of ownership over property, either present or future. These include sale deeds, wills, mortgage deeds, and other such significant legal documents related to ownership.

Section 23 also provides for the reasonable computation of the court charges on the basis of the value of the subject matter of the dispute or documents. These regulations assist people in identifying how much money needs to be paid for initiating a case in civil courts in Rajasthan regarding movable property or documents.