How to find the court fee on probate/Letter of Administration? скачать в хорошем качестве

How to find the court fee on probate/Letter of Administration?

#Property_law #saledeed #probate #Transfer_of_Property_Act #Letter_of_Administration #Registered_Will #unregistered_will Praveena Bhardwaj vs State And Ors. citation: ILR 1975 DELHI 151 It was 3-judges bench and Judgment was written by Justice Awadh Bihari Rahotgi. The Delhi High court gave 5 points reply to answer this question: (I) At the time of filing a petition for grant of probate or letters of administration under Section 276(1) of the Indian Succession Act, the fixed court-fee is paid as prescribed in Article 1 of Schedule I of the Court-Fees Act. (II)The Court-fee payable on the probate or letters of administration as prescribed in Article 11 of Schedule 1 to the Court-fees Act need not be paid along with the application. (III) The petitioner has to state in the petition about the valuation of the properties to be received. It should be in the form set given in the Third Schedule to the Court-fees Act. This can be at later stage. The said valuation has to be verified by the Collector. (IV) After trial, if the Court finds that the propounded will has been proved to be genuine and decides that probate or letters of administration should be granted to the petitioner, then the petitioner has to file a valuation of the property. He has to pay the court-fees mentioned in Article 11 of the First Schedule to the Court Fees Act. (V) If the petitioner does not pay the court-fee, the Court has to pass a further order dismissing the petition for probate or letters of administration. If the petitioner pays the court fee, a further order granting the probate or the letters of administration under its seal in the form set forth in Schedule to the Indian Succession Act. The actual issuance of the probate with the seal of the Court is a ministerial act to be performed by the Office of the Court. Let me ask you? How much court fee is to be affixed on probate or Letter of administration? We have to understand that court fee on probate petition is Rs.25. Whereas on the grant of probate is as per Article 11 of Schedule I. If the value of the property does not exceed ₹1,000: No specific fee mentioned. If the value exceeds ₹1,000 but does not exceed ₹10,000: 2% of the value. If the value exceeds ₹10,000 but does not exceed ₹50,000: 2.5% of the value. If the value exceeds ₹50,000: 3% of the value. Timing of Payment The court fee for probate is generally payable after the trial and before the order for issue of probate. This means that the applicant is not required to pay the full court fee at the time of filing the application but must do so before the court grants the probate PRAVINA BHARDWAJ VS STATE OF DELHI - DelhiVasantkumar Maganlal Patel VS Ketankumar M. Sharma - Bombay. The rationale is that the court fee is associated with the grant of probate itself, not merely the application process.. WHAT IS MY TAKE: The court fee for a probate petition is determined based on the value of the estate and is payable at the time of granting probate. The court fee is not payable at the application stage. Applicants should be aware of the specific provisions applicable in their jurisdiction, as variations may exist based on local laws and practices.