Shehala Pramod Desai v. Nil - 2012 Supreme(Online)(Bom) 6

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Online)(Bom) 6

BOMBAY HIGH COURT
H.L. Gokhale, J
Shehala Pramod Desai v. Nil

Table of Content
1. petitioner as widow seeks succession certificate. (Para 1 , 2 , 3 , 5)
2. court fee waivers apply specifically to certain cases. (Para 4 , 17)
3. legal context for court fees in property disputes. (Para 6 , 8 , 9)
4. comparison of litigation types and fee exemption. (Para 10 , 11 , 12 , 13 , 14 , 15)
5. final ruling on requirement to pay court fees. (Para 18)

1. The aspect which the court is called upon to consider is whether the Petitioner Snehala Pramod Desai, who is the widow of the deceased, is liable to pay ad valorem court fee upon the securities shown in the petition which are sought to be transferred to the names of the Petitioner as also the other heirs under the Succession Certificate applied for by the Petitioner.

2. The Petitioner is the widow of the deceased who is one of the heirs along with her two married daughters. Counsel on behalf of the Petitioner stated that only the Petitioner has applied for waiver / exemption of court fee on the ground that she is a woman and that the securities will be used for her maintenance.

3. The Petition has been filed simplicitor for issue of succession certificate in respect of the securities left by the deceased husba