Loading...
Do check our products such as, LIBIL: litigation check tool to mitigate legal risk, Patrol: case management tool to monitor and collaborate on cases, and legal research tool to access largest legal database.

ANDHRA PRADESH COURT-FEES AND SUITS VALUATION RULES, 1987

ANDHRA PRADESH COURT-FEES AND SUITS VALUATION RULES, 1987

ANDHRA PRADESH COURT-FEES AND SUITS VALUATION RULES, 1987[1]

PREAMBLE

In exercise of the powers conferred by Section 77 of the Andhra Pradesh Court-fees and Suits Valuation Act, 1956 (VII of 1956), the Governor of Andhra Pradesh hereby makes the following rules:?

Rule - 1. Short title.--

(i)       These Rules may be called the Andhra Pradesh Court-fees and Suits Valuation Rules, 1987.

(ii)      They extend to the whole of the State of Andhra Pradesh.

Rule - 2. Definitions.--

In these rules, unless the context otherwise required,?

(a)      "Act" means the Andhra Pradesh Court-fees and Suits Valuation Act, 1956;

(b)      "Government" means the Government of Andhra Pradesh;

(c)      "Collector" means the Collector of the district and includes any officer subordinate to him who performs the functions of the Collector under these rules;

(d)      "section" means a section of the Act;

(e)      "Public Office" means, any office or institution under the control, maintenance and superintendence of Government of Andhra Pradesh or Local Bodies like Zilla Parishads, Panchayat Samithis, Panchayats and Municipalities including the Municipal Corporation of Hyderabad;

(f)       "fees" means the money leviable under Chapters (iv), (vi) and (viii) of the Andhra Pradesh Court-fees and Suits Valuation Act, 1956 and Schedules I and II annexed thereto;

(g)      "property" means movable and immovable property of the deceased.

Rule - 3. Determination of market-value.--

Based on the Basic Registers maintained by the Registration Authority, the market-value of land in suits falling under various sections of the Act shall be [2][prima facie be taken] to be the value of the immovable property both in Urban and Rural Areas fixed by the Registration and Stamps Department. Keeping in view the value of the land nearby to or in the vicinity of the land which is the subject-matter of the suit, as recorded in the registers of the Sub-Registrar or the District Registrar concerned, as the case may be, during the course of regular transactions immediately before the plaint is filed:

Provided a party filing a suit shall take a certificate in the Form prescribed containing the value of the said immovable property from the local Registering Officer and file it along with the suit.

Rule - 4. Plaint shall contain full particulars of value of suit.--

Every plaint filed under Section 8 of the Act, shall contain the full particulars of the subject-matter of the suit and the valuation thereof in the Form 'A' annexed to these rules.

Rule - 5. Collection of Fees by Stamps sold in Andhra Pradesh.--

All fees chargeable under the Act shall be collected in form of stamps sold in Andhra Pradesh. Stamps purchased from a vendor outside Andhra Pradesh shall not be valid.

ANNEXURE

I. Valuation of the Movable and Immovable Property of Deceased

Rs. P.

Cash-in-hand and at the bank, household goods, wearing apparel, books, plate, jewels and the like.

(State estimated value according to best of Executor's or Administrator's belief).

Property in Government securities transferable at the Public Debt Office.

(State description and value on the death of the deceased or on the date of the application as the case may be).

Immovable property, consisting of

(State description and market value on the death of the deceased or on the date of the application, as the case may be).

Leasehold property

(If the deceased held any leases for years determinable, state the period of the lease and estimated amount of rent inserting separately arrears due on the date of the death or on the date of the application, as the case may be).

Property in Public Companies

(State the particulars and the value calculated at the price on the date of the death or on the date of the application, as the case may be).

Policies of Insurance upon life, money out on mortgages and other securities, such as bonds, bills, notes and other securities for money.

(State the amount of the whole on the date of the death or on the date of the application, as the case may be).

Debts

(Other than bad debts).

Stock-in-trade.

(State the estimated value, if any).

Other property not comprised under the foregoing heads

(State the estimated value, if any).

Deduct items shown in Annexure in the manner provided in Sub-section

(2) of Section 53 of the Act.

Net value of the Estate.

Amount of debts due and owing from the deceased, legally payable out of the estate.

Amount of expenses connected with funeral securities and ceremonies.

Amount of mortgage and encumbrances.

-------

Total

--------

Property held in trust not beneficially with general power to confer a beneficial interest.

Other property not subject to duty.

 



[1] Vide G.O.Ms. No. 30, Homo (Courts-D), dated 2nd February, 1987, published in Andhra Pradesh Gazette, dated 12th March, 1987, at p. 18

[2] Substituted by G.O.Ms. No. 372 Home Courts, dated 14th November, 1995