Amendment status not verified — confirm the current text below against the official source.
Provided that when by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and In conseguence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may aflow such further time for making the claim as may appear to be reasonable under the circumstances. Relief in case of several grants : Whenever a grant of probate or letters of administration bas been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates. Probates declared valid as to trust property though not covered by court-fee : The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning, any movable or immovable property whereof or whereto the deceased possessed or was entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration. Provision for case where too low a court-fee has been paid on probates, etc. : Where any person on applying for probate or letters of administration has estimated the estate of the deceased {o be of less value than the same has afterwards proved to be, and has in consequence paid 100 low a court-fee thereon, the Principal Revenue authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters: Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon. Administrator to give proper security before letters stamped under section 27 : in case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration as required by law to have been given in case the full value of the estate of the deceased had been then ascertained. Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment : Where too low a courtfee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate betonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten per cent on the amount of the sum wanting to make up the proper court-fee. Probate and letters of administration inoperative in immovable property : Notwithstanding anything contained in this Act or any other Laws for the time being in force no probate or letters of administration hereto for or hereafter granted by any court outside the limits of the State of Arunachal Pradesh shall confer upon the grantee who is not a native of Arunachal Pradesh any title to immovable property in Arunachal Pradesh. Notice of applications for probate or letters of administration to be given to Revenue authorities, and procedure thereon : (1) Where an application for probate or letters of administration is made to any Court other than a High Court, the Court shall cause notice of the application to be given to the Collector. (2) Where such an application as aforesaid is made to a High Court, the High Court shall cause notice of the application to be given to the Principal Controlling Revenue-authority for the local area. The Arunachal Pradesh Extraordinary Gazette, September 29, 2023