Dr. S. RADHAKRISHNAN, J.:-

In view of various conflicting decisions of a number of Single Judges, the Hon'ble the Chief Justice has referred the following Question for being answered:

"Whether a woman litigant who files a petition for grant of Probate of a Will is exempted from payment of Court Fees as per Government Notification dated 1st October, 1994 duly amended by an explanatory notification dated 23rd March, 2000?"

2. The aforesaid Notifications read as under:

REVENUE AND FORESTS

DEPARTMENT

Mantralaya, Bombay 400032,

dated 1st October, 1994.

Bombay Court Fees Act, 1959.

No.STP.1094/CR-859/M-l - Whereas, the Government of Maharashtra has recently announced a policy with a view to promote the welfare of the women;

And where as the same welfare policy for women inter alia, provides for exemption of Court fees for women litigants in cases relating to maintenance, property right, violence and divorce;

And whereas, section 46 of the Bombay Court Fees Act, 1959 (Bom. XXXVI of 1959), empowers the State Government by notification in the Official Gazette to reduce or to remit any of the fees mentioned in the First and Second Schedules to that Act;

Now, therefore, in exercise of the powers conferred by section 46 of the Bombay Court Fees Act. 1959 (Bom' XXXVI of 1959), the Government of Maharashtra hereby remits the fees payable by women litigants on any of the plaints, applications, petitions, Memorandum of appeals or any other documents specified in the First and Second Schedules to the said Act, to be fi led in any Civil. Family or Criminal Courts in respect of the cases relating to (a) maintenance, (b) property disputes (c) violence and (d) divorce.

By order and in the name of the Governor of Maharashtra.

HARSHA WARDHAN GAJBHIYE

Deputy Secretary to Government

REVENUE AND FORESTS DEPARTMENT

Mantralaya, Bombay 400032, dated

23rd March, 2000

Bombay Court Fees Act, 1959.

No.S.30/2000/673/CR-199/M-l - in exercise of the powers conferred by Section 46 of the Bombay Court Fees Act, 1959 (Bom XXXVI of 1959), the Government of, Maharashtra hereby amends the Government Notification, Revenue and Forests Department No.STP.1094/CR-859/ M-I dated the 1st October, 1994, as following the said Notification, the following Explanation shall be added at the end, namely:

"Explanation - The expression "property disputes" shall mean property disputes arising out of and concerning matrimonial matters."

By order and in the name of the Governor of Maharashtra.

P. G. CHHATRE

Deputy Secretary to Government

3. By virtue of Section 46 of the Bombay Court Fees Act, 1959, the Government of Maharashtra issued a notification dated l/10/1994, remitting the court fees payable by women litigants on any of the plaints, applications, petitions, memoranda of appeals or any other documents specified in the first and second schedules to the said Act to be filed in any civil, family or criminal court in respect of cases relating to (a) maintenance (b) property disputes (c) violence (d) divorce.

4. By virtue of an amending notification dated 23/03/2000, the term 'property disputes' as envisaged under the previous notification dated 1/10/1994, was explained as property disputes arising out of and concerning matrimonial matters.

5. Dr. Tulzapurkar, the learned Senior Counsel for the Petitioners herein, submitted as under:-

a) The deceased, Girish Kanaiyalal Munshi, who expired on or about 9/10/2006, left behind his last Will, the Petitioners being two of the executors named therein.

b) The other two executors viz. Mr. Sanjay Natwarlal Mehta and Mr. Jaswantlal Chimanlal Shah, have separately renounced their rights to act as executors of the said Will.

c) Petitioner No.1 who is the widow of the deceased, is the sole beneficiary under the Will and as such the entire estate of the deceased devolves on her.

d) As the sole beneficiary under the Will is a lady litigant, the Petitioners claim exemption from payment of the court fees vide the Government Notification dated 1/10/1994 issued by the Governm

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