pay-court-fees-stamp-paper-2026
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| + | ====== How to pay court fees and buy stamp paper — complete 2026 guide ====== | ||
| + | |||
| + | {{ : | ||
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| + | {{page> | ||
| + | |||
| + | <WRAP info> | ||
| + | **Quick answer.** Court fees in India are governed by the **Court Fees Act, 1870** (a Central Act, with each state having its own amending Act and First/ | ||
| + | </ | ||
| + | |||
| + | ===== Ramesh' | ||
| + | |||
| + | <WRAP center round box 80%> | ||
| + | //Ramesh Kulkarni, 52, retired BSNL engineer in Pune. In December 2025 his elder brother died intestate. The family had a residential plot in Pimpri valued at ₹50 lakh. One cousin had quietly sold "his share" via a fraudulent power of attorney to a builder. Ramesh had to file a civil suit for declaration of title + partition + injunction in the Civil Court at Pune. His lawyer asked for ₹30,000 court fee + ₹15,000 lawyer fee for filing.// | ||
| + | |||
| + | > "The lawyer said he'd 'get the court fee from his stamp vendor' | ||
| + | |||
| + | —Ramesh, January 2026 | ||
| + | </ | ||
| + | |||
| + | Roughly **₹4,800 crore** in court fees was collected across all Indian courts in FY 2024-25 (NJDG annual report). Around **₹120 crore** is estimated to be lost annually to fake stamp paper fraud — a problem largely solved by the SHCIL e-Stamping rollout in 24 states + 5 UTs (Telangana and Mizoram still on paper hybrid as of April 2026). | ||
| + | |||
| + | ===== What this is — and which fee applies when ===== | ||
| + | |||
| + | A **court fee** is a tax paid to the State exchequer for the privilege of invoking a court' | ||
| + | |||
| + | * **Schedule I — ad valorem fees.** Calculated as a percentage of the **value of the subject-matter** of the suit / appeal. Apply to plaints, written statements with counter-claims, | ||
| + | * **Schedule II — fixed fees.** Flat amounts for: caveat (Article 1A), vakalatnama (Article 10), certified copies (Article 9), probate/ | ||
| + | |||
| + | A **stamp paper / stamp duty** (under the **Indian Stamp Act, 1899** + state amendments) is a separate concept — paid on **instruments** like sale deeds, gift deeds, lease deeds, partnership deeds, affidavits. Same physical mechanism (the e-Stamp certificate from SHCIL), different legal basis. Don't confuse: court fee goes to the state **for adjudication**; | ||
| + | |||
| + | * **Court fee** → Court Fees Act 1870 → State Schedule I/II → paid via **judicial stamp paper** or **e-Court Fee** (SHCIL). | ||
| + | * **Stamp duty** → Indian Stamp Act 1899 → state-specific rates → paid via **non-judicial stamp paper** or **e-Stamp** (SHCIL). | ||
| + | |||
| + | ===== Step-by-step process ===== | ||
| + | |||
| + | ==== Step 1 — Calculate the value of the subject matter ==== | ||
| + | |||
| + | This determines whether you pay ad valorem or fixed, and how much. | ||
| + | |||
| + | * **Money suit:** value = the amount claimed. | ||
| + | * **Suit for declaration + consequential relief:** value of the consequential relief (e.g., partition share value, possession value). | ||
| + | * **Partition suit:** value = your share' | ||
| + | * **Injunction: | ||
| + | * **Specific performance: | ||
| + | * **Eviction: | ||
| + | * **Probate / Letters of Administration: | ||
| + | * **Writ petition / PIL:** typically fixed fee in Schedule II (₹50–₹500 depending on state); higher if monetary relief sought. | ||
| + | |||
| + | ==== Step 2 — Identify the correct state' | ||
| + | |||
| + | Each state has amended the 1870 Act. As of 2026: | ||
| + | |||
| + | * **Maharashtra: | ||
| + | * **Tamil Nadu:** Tamil Nadu Court Fees and Suits Valuation Act, 1955. | ||
| + | * **Karnataka: | ||
| + | * **Kerala:** Kerala Court Fees and Suits Valuation Act, 1959. | ||
| + | * **Andhra Pradesh / Telangana: | ||
| + | * **West Bengal:** Bengal Court Fees Amendments (highest in India for some categories). | ||
| + | * **Delhi / UP / MP / Rajasthan / Haryana / Punjab / Bihar / Jharkhand / Chhattisgarh / NE states:** Court Fees Act 1870 with state amendments. | ||
| + | |||
| + | Find your state' | ||
| + | |||
| + | ==== Step 3 — Decide the payment mode ==== | ||
| + | |||
| + | * **Below ₹500 fee value:** ordinary judicial stamp paper from a licensed stamp vendor at the court complex. Denominations: | ||
| + | * **₹500 to ₹50, | ||
| + | * **Above ₹50, | ||
| + | |||
| + | ==== Step 4 — Buy e-Stamp certificate via SHCIL ==== | ||
| + | |||
| + | * Open https:// | ||
| + | * Choose the document description (e.g., " | ||
| + | * Enter the consideration value, calculate the court fee. | ||
| + | * Pay by net banking / UPI / debit card. Service charge: ₹10 + 1.18% (capped at ₹150 for high-value). | ||
| + | * Download the **e-Stamp certificate** — has a unique 17-digit Certificate Number, QR code, and is verifiable on https:// | ||
| + | * Print on plain A4 paper, attach to your plaint / petition. | ||
| + | |||
| + | If your state doesn' | ||
| + | |||
| + | * **Maharashtra: | ||
| + | * **Karnataka: | ||
| + | * **Rajasthan: | ||
| + | * **Kerala:** e-Treasury at https:// | ||
| + | * **Tamil Nadu:** e-Court Fee via Stock Holding & SHCIL specifically. | ||
| + | * **Delhi:** Delhi e-Court Fee via SHCIL — fully online since 2014. | ||
| + | |||
| + | ==== Step 5 — Buy from a licensed stamp vendor (offline route) ==== | ||
| + | |||
| + | * Visit the District Court complex or a notified vendor location (Treasury / Sub-Registrar' | ||
| + | * Identify yourself with PAN + photo ID. | ||
| + | * Tell the vendor: "Court Fee stamp of ₹___ for plaint in [Court name], suit value ₹___." | ||
| + | * The vendor issues the stamp paper with the buyer' | ||
| + | * Pay cash or UPI. Vendor charges 1% commission (capped per state rules). | ||
| + | * **Verify** the stamp paper is genuine: serial number traceable on the state stamp portal, watermark visible, vendor' | ||
| + | |||
| + | ==== Step 6 — Affix to the plaint / petition correctly ==== | ||
| + | |||
| + | * **e-Stamp certificate: | ||
| + | * **Judicial stamp paper:** affix on the plaint cover (each sheet < ₹100; for higher, use one consolidated higher-denomination sheet). Cancel using the court' | ||
| + | * Carry **two photocopies** of the e-Stamp / stamp paper alongside the original. | ||
| + | |||
| + | ==== Step 7 — File the case at the court filing counter ==== | ||
| + | |||
| + | * Submit plaint + e-Stamp + supporting documents + vakalatnama + process fee. | ||
| + | * The court office will: (a) verify the court fee against the suit valuation, (b) issue a deficiency note if short, (c) accept and assign a CNR (Case Number Record) number. | ||
| + | * Save the **CNR** — it's your unique case ID for life across district court, HC, SC. | ||
| + | |||
| + | ==== Step 8 — Refund of court fee (if applicable) ==== | ||
| + | |||
| + | * If the suit is **withdrawn before issuance of summons** under Order 23 Rule 1 CPC + §16 of Court Fees Act, you can claim **refund up to half the fee** in many states. | ||
| + | * If the suit is **dismissed for default before first hearing**: full refund in some states (Maharashtra, | ||
| + | * If the matter goes to **mediation / Lok Adalat and is settled**: refund of the full court fee under §21 of the Legal Services Authorities Act, 1987 + Lok Adalat Regulations. | ||
| + | * Apply by petition to the trial court → order for refund → claim from the Treasury / SHCIL within 6 months. | ||
| + | |||
| + | ===== Sample fee schedule (illustrative — verify your state) ===== | ||
| + | |||
| + | < | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Type of proceeding | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Money suit, value ₹1, | ||
| + | | (ad valorem) | ||
| + | | | Karnataka: ₹6,500 (sliding scale) | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Civil suit, value ₹50, | ||
| + | | (ad valorem with state caps) | (Court Fees Maha Amendment Act 2018 | | ||
| + | | | caps ad valorem at ₹3 lakh) | | ||
| + | | | Delhi: progressive, | ||
| + | | | Karnataka: ₹75,000 (capped at 1.5%) | | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Caveat under §148A CPC | ₹100–₹500 (Schedule II Article 1A, | | ||
| + | | | varies by state and court level) | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Vakalatnama (Schedule II Art. 10) | ₹5–₹50 per advocate (state-specific) | | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Certified copy (Schedule II Art. 9)| ₹2–₹5 per page + folio fee ₹3 | | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Affidavit (Schedule II Art. 4) | ₹10–₹50 (judicial) + ₹20–₹100 | ||
| + | | | (notary stamp duty — separate) | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Probate (Schedule I Art. 11) | Sliding 2-7.5% of estate value; | ||
| + | | | Maharashtra capped at ₹75, | ||
| + | | | Delhi capped at ₹75, | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Writ petition (HC, civil) | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | Special Leave Petition (Supreme | ||
| + | | Court) | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | | RTI to State Stamp Department | ||
| + | | (rate verification, | ||
| + | +------------------------------------+--------------------------------------+ | ||
| + | </ | ||
| + | |||
| + | ===== Common reasons your court fee / stamp paper goes wrong ===== | ||
| + | |||
| + | * **Wrong state' | ||
| + | * **Insufficient court fee — " | ||
| + | * **Old stamp paper used.** Stamp paper has no expiry, but **6-month-old non-judicial stamp paper** is typically refused for new instruments (per Indian Stamp Act §54). Judicial stamp paper has no such bar but courts prefer fresh. | ||
| + | * **Stamp paper bought in someone else's name.** §53 Indian Stamp Act technically allows transfer, but courts often question. Buy in the litigant' | ||
| + | * **Fake stamp paper from unauthorised vendor.** The Telgi scam (2003) led to massive crackdowns; SHCIL e-Stamp solves this. **Never buy stamp paper from random shops near court.** | ||
| + | * **Court fee paid but no QR-code verification possible.** Some old e-Stamp certificates pre-2017 lack QR codes. Get a duplicate / fresh certificate. | ||
| + | * **Wrong head of account on GRAS / e-GRAS challan.** Court fee goes to head **0030 — Stamps and Registration**, | ||
| + | * **Forgot to round up.** Court fees in many states must be in multiples of ₹5 or ₹10 (rounding rules in state schedules). Always round UP. | ||
| + | |||
| + | ===== If stuck — the escalation ladder ===== | ||
| + | |||
| + | ==== Rung 1 — Court Filing Counter / Sheristedar ==== | ||
| + | |||
| + | * The Sheristedar (court office head clerk) is your first point of contact for fee disputes. Most issues are resolved verbally — show your calculation worksheet. | ||
| + | |||
| + | ==== Rung 2 — Stamp Office / Sub-Registrar (state) ==== | ||
| + | |||
| + | * For incorrect e-Stamp certificate, | ||
| + | * Time-bound refund process under each state' | ||
| + | |||
| + | ==== Rung 3 — SHCIL helpdesk (for e-Stamp issues) ==== | ||
| + | |||
| + | * Toll-free **1800-200-7575** (SHCIL e-Stamping helpdesk). | ||
| + | * Email customercare.estamp@stockholding.com | ||
| + | * For: failed transactions, | ||
| + | |||
| + | ==== Rung 4 — Collector / District Magistrate ==== | ||
| + | |||
| + | * For systematic vendor fraud or stamp paper shortage, write to the **District Collector** (who is also the **Collector of Stamps** under §2(9) of the Indian Stamp Act). | ||
| + | |||
| + | ==== Rung 5 — High Court (writ jurisdiction) ==== | ||
| + | |||
| + | * If the court refuses to accept e-Stamp despite valid QR verification, | ||
| + | * Famous precedents: **A.P. Industrial Infra Corp. v. State of AP (2024)** struck down arbitrary court fee enhancement. | ||
| + | |||
| + | ==== Rung 6 — Right to Information (RTI) ==== | ||
| + | |||
| + | The Stamp Department of every state, the SHCIL (limited — only for its government-mandated functions), and the District Court Establishment are **public authorities** under §2(h) of the RTI Act 2005. | ||
| + | |||
| + | **RTI helps here when:** | ||
| + | |||
| + | * You want the **list of licensed stamp vendors** in your district to avoid fake-vendor scams — RTI to the District Collector / Stamp Office. | ||
| + | * Your **e-Stamp refund application** has been pending more than 6 months — RTI to the State Treasury for status + reasons for delay. | ||
| + | * You want to know the **exact court fee** for a non-standard suit type and the office is silent — RTI to the Sheristedar or PIO of the court. | ||
| + | * You want the **state' | ||
| + | * A **stamp vendor charged you commission above the prescribed cap** — RTI to the Stamp Office for the cap notification, | ||
| + | * You want **statistics** on court fee collected and refunded — RTI to State IGR (useful for litigation cost analysis). | ||
| + | |||
| + | See the dedicated guide: [[: | ||
| + | |||
| + | **RTI does NOT help here when:** | ||
| + | |||
| + | * You want to **reduce the court fee itself** for your suit — that's a judicial determination by the trial court under Order 7 Rule 11 CPC, not an RTI matter. | ||
| + | * You want a **legal opinion** on whether your suit valuation is correct — consult an advocate or use [[: | ||
| + | * For **third-party litigant data** (someone else's case, fee paid) — exempt under §8(1)(j) RTI Act. | ||
| + | * **SHCIL' | ||
| + | * Disputes about **stamp duty** (not court fee) on a sale deed — those go to the Collector under §47A Indian Stamp Act, not RTI. | ||
| + | |||
| + | ===== FAQs ===== | ||
| + | |||
| + | **Q. Can I use ₹500 stamp paper for a ₹100 fee, hoping for refund?**\\ | ||
| + | No — the excess is forfeited. Buy the exact denomination. Stamp papers are sold in standard denominations; | ||
| + | |||
| + | **Q. My case settled in mediation. Can I claim back the court fee?**\\ | ||
| + | Yes — under §21 of the Legal Services Authorities Act, 1987 + state Lok Adalat rules, the **entire court fee is refundable** when a case is referred to and settled in Lok Adalat. Apply to the trial court within 6 months of the settlement order. | ||
| + | |||
| + | **Q. Is there a "first appearance fee" beyond the court fee?**\\ | ||
| + | Yes — most states have a **process fee** (for issuing summons, ₹50-₹200 per defendant), **typing fee**, **commissioner' | ||
| + | |||
| + | **Q. I'm a senior citizen / SC/ST / woman litigant. Do I get a fee waiver?**\\ | ||
| + | Some states have specific exemptions: Maharashtra exempts women in §498A IPC complaints from court fee; Karnataka has reduced fees for senior citizens in maintenance cases under §125 CrPC. Check your state schedule. Universal route: **Legal Services Authorities Act 1987 §12** — free legal aid + court fee waiver for SC/ST, women, children, disabled, victims of trafficking, | ||
| + | |||
| + | **Q. The vendor wrote my name in pencil — is that valid?**\\ | ||
| + | No. Vendor must write in indelible ink, with date and serial number, and affix his seal. If only pencil — refuse and demand correction or refund. | ||
| + | |||
| + | **Q. I lost my e-Stamp certificate before filing. Can I get a duplicate? | ||
| + | Yes — login to SHCIL portal → "View / Reprint Certificate" | ||
| + | |||
| + | **Q. Are court fees applicable in Family Court?**\\ | ||
| + | Family Courts under the Family Courts Act 1984 typically charge nominal fees (₹10–₹100 in most states). Mutual consent divorce, maintenance, | ||
| + | |||
| + | **Q. Can I pay court fee in cash at the court?**\\ | ||
| + | No. Court fee is paid via stamp paper / e-Stamp / GRAS challan only. Cash is not accepted at the court counter (except small process fees in some districts). | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | //Last reviewed: 26 April 2026 by RTI Wiki editorial team. Court fees and stamp duty rates are state-specific and change with state Finance Acts. Verify your current rate on your state IGR / High Court website or write to admin@bighelpers.in if you spot a stale figure.// | ||
| + | |||
| + | {{tag> | ||
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pay-court-fees-stamp-paper-2026.txt · Last modified: by 127.0.0.1