Ralph Benson, Offg., C.J.

1. In this case one Manavala Chetty prayed for Letters of Administration in respect of property standing in the name of his deceased father, Emberumanar Chetty, but forming the joint ancestral property of the undivided Hindu family of which, the petitioner and his late father were the only members. He stated that though his fathers share in the property passed to him by survivorship, he was obliged to take out Letters of Administration because part of the property consisted of shares in certain companies which in accordance with their articles of Association, refused to recognise his title to the shares unless he obtained such letters. He claimed to be exempt from payment of stamp duty on the Letters on the ground that his father was in possession of the property and held it as manager of, and trustee for the family. The learned Judge who heard the application decided that Letters of Administration could be granted only on payment of the ordinary duty. Against this decision this petitioner appeals.

2. Section 191(1) of the Court Fees Act, 1870, as amended by Act XI of 1899, provides, that "no order entitling the petitioner to the grant of Probate or