V.PARTHIBAN
R. Ispahani – Appellant
Versus
. – Respondent
JUDGMENT :
(Prayer: Original Side Rules of this Court, praying that a Succession Certificate may be granted in the name of the first petitioner with power to collect the securities and to receive the interest and dividends and negotiate and transfer the securities specified in the schedule.)
1. The above Original Petition has been filed under Section 372 of the Indian Succession Act for grant of Succession Certificate.
2. The Registry of this Court, finding that no sufficient Court Fee being paid as mandated in the Tamil Nadu Court Fees and Suits Valuation Act, 1955, in terms of the Schedule-I (Article 7), returned the Original Petition.
3. The learned counsel for the petitioner responded to the returns made by the Registry by stating that the Court Fee payable for grant of Succession Certificate is comparable to the one for grant of Probate or Letters of Administration, in terms of Article 6 of the Schedule-I and Sections 55 and 56 of the Act, 1955.
4. Originally, in terms of the relevant provisions, ad-valorem Court Fee was chargeable even for grant of Probate or Letters of Admini
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