Amendment status not verified — confirm the current text below against the official source.
See now the Indian Succession Act, 1925 (39 of 1925) THE COURT-FEES ACT,1870 19 (7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Controlling Revenue-authority of any application under section 19E. (8) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).] COMMENTS (i) It has been held that for valuation of property in respect of an application for letters of administration the court cannot decide the same without carrying out an enquiry; Lakshmi Prasad v. Badri Ram, AIR 1985 Pat 119. (ii) It has been held that it is incumbent upon the Collector to afford an opportunity by giving notice to the petitioner and hearing him for probate. Only after such hearing the Collector can make the valuation of property in question; Trambak fAl Dayalal Kothari v. L.K. Dey, AIR 1982 Cal 217. 1[19-1. Payment of court-fees in respect of probates and letters of administration. (I) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until 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 No. 11 of the First Schedule 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 19H, sub-section (4).] COMMENTS It has been held that all the assets have to be incorporated in the Schedule as stipulated in this section no matter the petitioner claims against one of the items more fully set out in the Will; Smt. Kamala Rajamanikkam v. Smt. Sushila Thakur Dass, AIR 1983 All 90. 1[19J. Recovery of penalties, etc.-(I) Any excess fee found to be payable on an inquiry held under section 19H, sub-section (6), and any penalty or forfeiture under section 19G may, on the certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as if it was an arrear of land-revenue by any Collector 2[* * *]. (2) The Chief Controlling 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 19E or of any court-fee under section 19E in excess of the full court-fee which ought to have been paid.] 1[19K. Sections 6 and 28 not to apply to probates or letters of administration- .Nothing in section 6 or section 28 shall apply to probates or letters of administration.] CHAPTER IV PROCESS FEES