A recent discovery of assets allows for amendment in the existing probate proceedings, permitting their inclusion in the valuation for court fees under Sections 276 and 376 of the Indian Succession Act.

JUDGMENT

Neena Bansal Krishna, J. (ORAL)

I.A. 6891/2022 (U/S 151 of CPC, 1908)

1. An application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed on behalf of the petitioner with the prayer to include eight National Savings Certificates and SBI Mutual Fund bearing Folio No. 8415982 under SBI Magnum Global Fund and SBI Mutual Fund bearing Folio No. 8416442 under SBI Contra Fund and also the moveable asset i.e., Kotak Mutual Fund bearing Folio No. 774233 under Kotak Global Emerging Market Fund the name of Late Daljit Singh Bawa, in the Letter of Administration granted vide Order dated 21st September, 2017.

2. It is submitted in the application that the petition filed by the petitioner seeking Probate of the Will dated 12th December, 2005 of Late Daljit Singh Bawa, was allowed and the Letter of Administration was granted in respect of the of the moveable and immoveable properties left behind by the deceased Late Daljit Singh Bawa by virtue of the Will dated 12th December, 2005 subject to payment of requisite court fee/stamp duty.

3. It is submitted that the matter was adjourned from time to time for obtaining valuation report of the various moveable and immoveable properties of the deceased in order to calculate the Court fee that was payable for issue of Letter of Administration. The petitioner has submitted that he has now got information about the other moveable assets of Late Daljit Singh Bawa, namely, National Savings Certificates and the Mutual Funds about which he was not aware earlier. It is only on his current visit to India during the meeting with the Accountant of the Trust that these assets came to the knowledge of the petitioner.

4. The details of NSS Certificates and the Mutual Funds are as under:

(i) Eight National Savings Certificates bearing numbers 43EE 072954, 43EE 072955, 43EE 072956, 43EE 072957, 43EE 072958, 43EE 072959, 43EE 072960 and 43EE 072961, issued by the Sub-Post Master, Model Town-II, P.O. Delhi 110009, matured on 27.03.2009, after the passing of Late Shri D.S. Bawa.

(ii) SBI Mutual Fund bearing Folio No. 8415982 under SBI Magnum Global Fund with market value of Rs.3,79,913.39 as on 31.07.2020.

(iii) SBI Mutual Fund bearing Folio No. 8416442 under SBI Contra Fund with market value of Rs. 2,12,938.68 as on 31st July, 2020.

(iv) Kotak Mutual Fund bearing Folio No. 774233 under Kotak Global Emerging Market Fund with market value of Rs. 92,170.00 as on 31st July, 2020.

A prayer is made that these moveable assets of Late Daljit Singh Bawa may be included in the Valuation Report for payment of Requisite Court Fee/Stamp duty for the issue of Letter of Administration.

5. Submissions heard.

6. The petition under Section 276 of the Indian Succession Act, 1925 was filed on behalf of the petitioner, the son of Late Daljit Singh Bawa for grant of Probate/Letter of Administration in respect of the last Will dated 12th December, 2005 of Late Daljit Singh Bawa.

7. It was stated that in the petition that the petitioner was the adopted son of Late Daljit Singh Bawa who died on 27th March, 2008 leaving a Will dated 12th December, 2005 under which all the moveable and immoveable properties were bequeathed to the Trust named Bawa Development Study and the petitioner was appointed as the permanent Chairman/sole Trustee of the Trust. Mr. Mukhtyar Singh was appointed as the Vice-Chairman of the Trust. The details of the moveable and immoveable properties bequeathed upon the Trust were enumerated in the petition which mentioned about the two properties and agricultural