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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Shailendra Jain – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. petitioner's application for letters of administration. (Para 1 , 2 , 3 , 4) |
| 2. court's analysis on court fees in letters of administration. (Para 5 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. arguments regarding court fee requirements. (Para 6 , 7 , 8) |
| 4. final conclusion on the appeal regarding court fees. (Para 17) |
| 5. order granting the appeal and directing further proceedings. (Para 18 , 19) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been filed by the petitioner/appellant under Section 299 of the Indian Succession Act, 1925, against the impugned order dated 30.07.2024 passed by the Additional District Judge, Court No. 10, Kanpur Nagar, in O.S. No.3 of 2023 (Shailendra Jain vs. State of U.P. and others), whereby the appellant's application 39-A Kha has been rejected, whereby it was prayed that the appellant be permitted to make good the deficiency of Court fees after the letters of administration was granted in his favour.
2. The facts in brief are that the petitioner/appellant applied for grant of letters of administration regarding the unregistered Will dated 16.4.2022, which was executed by his mother Smt. Veer Bala Jain in favour of the appellant whereby
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 ....
The deposit of the sum under Section 379(1) of the Indian Succession Act, 1925, for the issuance of a Succession Certificate under Section 372 is not mandatory and does not affect the maintainability....
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 ....
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.
Court fees for appeals related to contentious probate applications are tied to the original fees structured under the applicable statutes.
Court fees determination for testamentary matters follows the Tamil Nadu Court Fees Act and is primarily governed by the procedure involving the Collector, distinguishing it from civil suits and ensu....
The court affirmed the distinction between court fee assessments for testamentary suits versus civil suits, placing valuation authority with the Collector as per specific statutory provisions.
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