primary law

The Court-Fees Act, 1870

The Court-Fees Act, 1870, Act No. 7 of 1870, dated 11 March 1870, is Indian primary law governing fees on specified documents filed or used in courts and public offices. The supplied text does not name an issuing department, and the version is stated to be as on 8 July 2026, incorporating listed ame...

Category
Acts and rules
Pages
106
Status
In force
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Purpose and scope

The Court-Fees Act, 1870, Act No. 7 of 1870, dated 11 March 1870, regulates fees charged on specified documents filed, exhibited, recorded, received or furnished in courts and public offices. It covers High Court proceedings, other courts, public offices, process fees and the use of stamps to collect fees.

The Act states that it extends to India, subject to the territorial exception printed in its extent provision. The source also records many regional amendments and repeals. For the former Madras area, it lists amendments by the Madras Acts of 1922 and 1945, and a partial repeal in partially excluded areas in Madras under the Madras Regulation of 1940.

Property matters covered

The Court-Fees Act, 1870 identifies several proceedings that may directly concern property buyers, owners, landlords, tenants, lenders and heirs:

  • Claims for possession of land, houses and gardens.
  • Enforcement of a right of pre-emption.
  • Claims involving an assignee of land revenue.
  • Declaratory relief, injunctions and easements.
  • Proceedings to set aside an attachment.
  • Suits to redeem or foreclose property.
  • Claims for specific performance.
  • Disputes between landlords and tenants.
  • Appeals against orders relating to compensation.
  • Proceedings involving joint family property.

The Act also provides for determining net profits or market value, correcting an incorrect estimate, deciding valuation questions and dealing with cases where the amount awarded exceeds the amount originally claimed.

Fees, stamps and refunds

The Court-Fees Act, 1870 contains schedules for value-based fees and fixed fees. The supplied extract names the schedules but does not reproduce their rates.

Key provisions include:

  • Collection of fees through impressed or adhesive stamps.
  • Stamping of documents received without the required stamp through inadvertence.
  • Cancellation of stamps and treatment of amended documents.
  • Refunds in specified appeals, reviews and cases involving correction of a mistaken decision.
  • Powers to reduce or remit fees.
  • Rules concerning process fees and tables of those fees.

Estates and inheritance

The Court-Fees Act, 1870 separately addresses probate, letters of administration and certificates of administration. It covers overpayment, underpayment, debts paid from a deceased person's estate, several grants, notice to revenue authorities, security, recovery of penalties and valuation of a deceased person's movable and immovable property.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Could this law affect a suit for possession of my land or house?

Yes. The Court-Fees Act, 1870 specifically includes suits for possession of land, houses and gardens among the proceedings for which fees may be computed.

Does the supplied text show the current court-fee rates?

No. It identifies schedules for value-based fees and fixed fees, but the supplied extract does not reproduce the rates.

Does the law cover mortgage and sale agreement disputes?

It lists suits to redeem or foreclose and suits for specific performance. Those proceedings may therefore require fees under the Act.

Who is the appropriate Government for fees and stamps?

For documents presented before an officer serving under the Central Government, it is the Central Government. For other fees or stamps, it is the State Government.