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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Hinglaj Dan, S/o. Late Shri Kalyan Dan @ Kaldan – Appellant
Versus
Khet Kanwar, W/o. Late Shri Ramkaran Charan (Deleted) – Respondent
ORDER :
REKHA BORANA, J.
1. The present appeal has been filed against the impugned judgment dated 21.09.2024 passed by District Judge, Jodhpur Metropolitan in Civil Misc. Case No.13-A/2013 (NCV No.340/2014) whereby the application as filed by the appellant-applicant under Sections 270 , 276 & 278 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act of 1925’) for grant of probate qua Will dated 20.12.1994, stood rejected.
2. A preliminary objection regarding the court fee paid by the appellant on the present appeal, has been raised by counsel for the respondents.
3. Counsel for the respondents submitted that the present appeal has been filed on a court fee of Rs.10/- only which clearly is deficient. Counsel submitted that even the court fee as deposited by the applicant before the learned Trial Court was deficient and although an objection qua the same was raised by the respondents but the said objection stood rejected and the learned Trial Court erroneously observed that the applicant shall be required to pay the complete court fee only if ultimately his application is allowed and a probate is issued in his favour.
4. Counsel submitted that Section 51 of the Rajas
Court fee on applications for probate and letters of administration must comply strictly with statutory provisions, and deficiencies must be rectified prior to proceeding with appeals.
Section 55 of Court Fees Act mandates that every application for probate or letters of administration is to be accompanied by a valuation of estate in the form set forth in Part-1 of schedule III of ....
A token court fee of Rs.25/- is sufficient at the time of applying for letters of administration, with full fees due only after granting the letters, adhering to Section 276 of the Indian Succession ....
Court fees for appeals related to contentious probate applications are tied to the original fees structured under the applicable statutes.
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
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