Amendment status not verified — confirm the current text below against the official source.
(3) The Colilector within the iocal fimits of whose revenue-jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Coliector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation. (4) If the pelitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property: Provided that no such motion shail be made after the expiration of six months from the date of the exhibition of the inventory required the Indian Succession Act, 1925. (5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry. 6) For the purposes of any such inquiry, the Court or person authorised by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the resuit of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous. (7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Principal Controlling Revenue-authority of any application under section 27. (8) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3). Payment of court-fees in respect of probates and letters of administration : (1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant untii the petitioner has filed in the Court a valuation of the property in the form set forth in the Third Schedule, and the Court is satisfied that the fee mentioned in item 10 of the First Scheduie has been paid on such valuation. (2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 31, sub-section (4). Recovery of penalties, etc. : (1) Any excess fee found to be payable on any inquiry held under section 31 sub-section (6), and any penalty or forfeiture under section 29, may, on the certificate of the Principal Revenue-authority, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Coliector. (2) The Principal Revenue-authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 27 or of any court-fee under section 27 in excess of the full court-fee which ought to have been paid. Sections 6 and 43 not to apply to probates or letters of administration : Nothing in section 6 or section 43 shall apply to probates or letters of administration. CHAPTER -V PROCESS-FEES Rules as to cost of processes : (1) The High Court shal, make rules as to the following matters:i— () The fees chargeable for serving and executing processes issued by such court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the locat limits of such jurisdiction; (i) The fges chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and (if) The High Court, in consultation with the State Government, may from time to time alter and add to the rules so made. The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 9