In India, a court fee is a mandatory charge paid to the government when a suit or application is filed in a court.
It is a crucial component of the legal system, ensuring that the judiciary can process cases efficiently.
For matters related to estate planning, such as probate of a Will or disputes over inheritance, understanding court fees is essential.
What Is Court Fee?
A court fee is a statutory charge levied on legal documents submitted to the court. The fee varies based on the claim or category of the case and is specified in the Court Fees Act, 1870 or applicable state laws.
This fee must be paid in advance when the case is filed, and failure to do so can result in the rejection of the application.
How Is Court Fee Calculated?
Court fees are calculated on a scale or schedule provided by the respective state governments. The fee may depend on:
- The nature of the suit (eg, probate, partition, or property disputes).
- The value of the claim or property involved.
- Specific exemptions for certain parties, such as those filing under free legal aid.
For estate-related cases, the category of the suit (like probate) determines the court fee. Generally, court fees for probate are calculated as a percentage of the value of the estate.
Exemptions & Reductions
Some individuals or cases may qualify for a free or reduced court fee:
- Economically weaker sections.
- Government-related applications.
- Certain applications filed in public interest.
The Bottom Line: How Yellow Can Help
Understanding court fees ensures smooth legal processes in estate planning. Always check the applicable schedule or consult a legal expert to determine the exact fee before filing your case.
Proper planning can save time and prevent unnecessary delays.
At Yellow, we can help you with all aspects of estate planning, including Wills, Trusts, Powers of Attorney, Gift Deeds, Legal Heir and Succession Certificates, and Living Wills. We also offer post-demise and asset transfer services. Our team of legal experts has more than 50 years of combined experience.
