L. NARASIMHA REDDY, J.

( 1 ) THIS CMA is filed against the order of the learned Principal district Judge, Ranga Reddy District dated 1-3-2004 in OPSR No. 13264 of 2003 returning the O. P. presented by the petitioner.

( 2 ) THE appellant claims that she is wife of late Sree Rama Subrahmanya surya Prakash. She stated that her husband died on 15. 9. 2002. The 1st respondent is her mother-in-law. The 2nd respondent is said to be the daughter of her husband through his 1 st wife. She alleged that a sum of Rs. 7,92,101. 00 accrued to her husband and that she is entitled to l/3rd share of the said amount, other sharers being the respondents 1 and 2. She filed O. P. under section-372 of the Indian Succession Act, 1925 for grant of a Succession Certificate so as to enable her to receive the said amount. She paid Court fee of Rs. 15,8427- bemg 6% on the amount of Rs. 2,64,0347- under Article-7 of Schedule-1 of A. P. Court fees and Suits Valuation Act, 1956 (hereinafter referred to as the Act ). The trial Court took the view that the Court fee is to be paid on the entire amount of rs. 7,92,1017- and a succession certificate cannot be issued for part of the assets of the deceased person.

( 3 ) LEARNED Counsel for the petitioner submits that the succession certificate sought for by the appellant is for the purpose of enabling her to receive l/3rd of the amount that accrued to her deceased husband and that she cannot be made to pay the Court fee for the entire amount. He places reliance upon the judgment of this court in Saramekala Anjaneyidu v. Kurra sambrajyam, 2004 (1) ALD 846.

( 4 ) THE appellant filed the O. P. seeking a succession certificate so as to enable her to receive l/3rd of the amount that accrued to the estate of her husband. According to her, the total amount that stood to the credit of her deceased husband is Rs. 7,92,1017- and that she is entitled to 1/3rd share of the same being Rs. 2,64,034. 00. The appellant paid the Court fee at 6% on rs. 7,92,101/- under Article-7 of Sehedule-I of the Act. The Trial Court returned the o. P. by observing that the Court fee is required to be paid on the entire amount of rs. 7,92,101/ -.

( 5 ) THE succession certificate, if granted by the Court would entitle the petitioner therein to receive the debt or security (for short security) claimed in the o. P. It is for this reason that Court fee is required to be paid while presenting the application. Section 372 of the Indian succession Act, 1925 requires the petitioner to state the relevant particulars such as time of death, the particulars of other family members etc. One of the important particulars is the one provided for under clause (d) of sub-section (1) of Section 372 of the Indian Succession Act, 1925 namely "the right in which the petitioner claims". This has to be stated in precise form. The deceased person may have left vast security behind him. If the applicant alone is entitled for the entire security, the court fee needs to be paid on such an amount.

( 6 ) HOWEVER, where the security is to be distributed among various persons, each person claiming the succession certificate corresponding to their share cannot be required to pay Court fee on the entire amount of security. If such is the course of action is to be adopted, a situation may arise where the amount of Court fee may be equal to, or even exceed the amount representing security left by the deceased, if there exist number of claimants. For example, if there are 20 successors entitled to share the security and if each one of them is required to pay the Court fee at 6% on the entire amount, the Court fee would become 120% of the amount. It can be illustrated in figures. If the amount left by a deceased is Rs. 1,00,000. 00 to be shared by 20 persons, and each person files separate application, the Court fee that is required to be paid would be Rs. 1,20,000. 00. This can never be the contemplation of the legislature.

( 7 ) SUB-SECTION (3) of Section-372 of the Indian Successio

Click Here to Read the rest of this document