Ad Valorem vs Fixed Court Fee in India (2026)
The difference between an ad valorem court fee and a fixed court fee in India, which one applies to your case, how each is worked out under the Court Fees Act, 1870, and why state law and suit value decide the amount.
Explainer · Court Fees
Court fees in India come in two shapes, and knowing which one applies to your case tells you whether the fee is a few hundred rupees or a large sum tied to the amount at stake. An ad valorem fee rises with the value of the claim, while a fixed fee stays the same whatever the value. This guide explains the difference, which cases attract which fee under the Court Fees Act, 1870, how each is worked out, and why your state's law has the final say on the figure. Last verified October 2026.
- Ad valorem: a fee in proportion to the value claimed, from Schedule I, used for money and property suits.
- Fixed: a flat fee from Schedule II, the same whatever the value, used for many applications and petitions.
- Test: a claim with a money value usually attracts ad valorem; a procedural step usually attracts a fixed fee.
- State law: rates, ceilings and flat figures differ by state, so there is no single all-India number.
01The short answer
An ad valorem court fee is charged as a proportion of the value of what you claim, so a larger claim means a larger fee. It comes from Schedule I of the Court Fees Act, 1870 and applies to money suits, property suits and most suits that have a money value.
A fixed court fee is a flat amount that does not change with the value of the matter. It comes from Schedule II and applies to many applications, petitions and documents that have no money value. The phrase ad valorem is Latin for "according to the value".
02Ad valorem court fee
An ad valorem fee is tied to the value of the subject matter. The higher the amount claimed, the higher the fee, usually calculated as a percentage or a sliding scale set in Schedule I.
How the value is found depends on the suit:
- Money suit: the value is the amount claimed. The Supreme Court has confirmed that ad valorem fees apply to the amount claimed in a money suit for compensation or damages.
- Property suit: the value is usually the market value of the property, worked out by the method in the Act for the relief sought.
- Certain declaratory or injunction reliefs (Section 7(iv)): the plaintiff may state their own valuation, and the fee is charged on that.
Because the fee grows with the claim, many state laws set a maximum (a ceiling) on the court fee, so that very large claims do not attract an unlimited fee.
03Fixed court fee
A fixed court fee is a flat figure set in Schedule II of the Court Fees Act. It does not rise with the value of the matter, because the matter often has no money value to measure. Typical examples are many interlocutory applications, petitions, caveats, certified-copy applications and some writ petitions, depending on the state.
Fixed does not mean the same everywhere
The actual flat figure in Schedule II varies by state and is revised from time to time. A fixed fee in one state may differ from the fixed fee for the same document in another.
Fixed fees keep access to court affordable for steps that are procedural rather than claims for money.
04Ad valorem and fixed fees side by side
| Feature | Ad valorem fee | Fixed fee |
|---|---|---|
| Basis | A proportion of the value claimed | A flat amount |
| Schedule | Schedule I | Schedule II |
| Changes with value | Yes, rises with the claim | No, stays the same |
| Typical use | Money and property suits | Applications, petitions and many documents |
| Ceiling | Often capped by state law | Not relevant, already flat |
For the full method of working out a court fee from start to finish, see our guide on how court fees are calculated in India.
05Which one applies to your case
A simple test: does your case ask the court to award or protect something with a money value?
- If yes, for example a suit to recover money, to recover property or for damages, the fee is usually ad valorem on that value.
- If no, for example an application within a case, a caveat or a petition without a money claim, the fee is usually fixed.
Some matters mix both: a main suit may carry an ad valorem fee while applications filed inside it carry fixed fees. When in doubt, read the Schedule entry for the exact document you are filing.
06Why state law matters
Court fees are legislated by both the central Act and the states, so many states have their own Court Fees Act or amendments, for example in Maharashtra, Karnataka, Tamil Nadu and Kerala. This affects both kinds of fee:
- the ad valorem percentage and any ceiling differ by state;
- the flat figures in Schedule II differ by state; and
- refund rules, such as the refund on settlement under Section 16, can vary.
So there is no single all-India figure for either an ad valorem or a fixed fee. Always use the court-fee law of the state where the case is filed.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
The court fee is paid once at the start; the case then runs for months or years. If your matter escalates to a suit or an appeal, you can create a FREE Claw account to track it across 9,102 courts, benches and forums, with hearing and order alerts so a listing or order is never missed. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have decided court-fee and valuation disputes on similar facts, with results in under 5 seconds. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track your matter and every hearing, and use case search across Indian courts to find how courts decided similar valuation and fee questions.
08Sources and further reading
- Court Fees Act, 1870 (bare Act and Schedules): indiacode.nic.in
- Supreme Court on ad valorem fees in money suits: livelaw.in
- Commentary on court-fee schedules: advocatekhoj.com
- Claw: clawlaw.in
This page is general information, not legal advice. The rates and flat figures differ by state and are revised over time, so confirm your state's Act and the current Schedule before you file.
09Frequently asked questions
What is an ad valorem court fee?
An ad valorem court fee is charged in proportion to the value of what you claim, so a larger claim means a larger fee. It comes from Schedule I of the Court Fees Act, 1870 and applies to money suits, property suits and most suits with a money value. Ad valorem means "according to the value".
What is a fixed court fee?
A fixed court fee is a flat amount set in Schedule II of the Court Fees Act that does not change with the value of the matter. It applies to many applications, petitions and documents that have no money value, such as interlocutory applications, caveats and certified-copy requests.
How do I know whether my case attracts ad valorem or fixed fees?
Ask whether your case seeks something with a money value. A suit to recover money, property or damages usually attracts an ad valorem fee on that value. A procedural application or a petition with no money claim usually attracts a fixed fee. Read the Schedule entry for the exact document you file.
Is the ad valorem fee the same in every state?
No. Court fees are governed by the central Act and by state laws, so the ad valorem percentage, any ceiling and the flat Schedule II figures differ from state to state. Always use the court-fee law of the state where the case is filed.
Is there a maximum ad valorem court fee?
Often, yes. Because an ad valorem fee rises with the claim, many state court-fee laws set a ceiling so that very large claims do not attract an unlimited fee. The ceiling amount differs by state, so check the applicable Act.