JUDGMENT

[VIA HYBRID MODE]

SANJEEV NARULA, J. (Oral):

I.A. 1573/2021 (for determination of true value of the suit property for the purpose of payment of Court fee filed by the Petitioner u/s. 151 of the CPC, r/w Section 19H of the Court Fees Act, 1870 & Chapter 29 of the Delhi High Court (Original Side) Rules, 2018)

1. By way of the instant application, the Petitioner seeks determination of the ‘true value’ of the property bearing No. H-7, Maharani Bagh, New Delhi [hereinafter referred to as, ‘the suit property’] for payment of court fee for grant of probate of a Will dated 8th July, 2008.

BRIEFFACTS

2. Before dealing with the contentions of the parties, it is apposite to briefly note the relevant facts necessary for the purpose of deciding the instant application, which are noted below:

2.1. In order to obtain the probate certificate, the Petitioner was obliged to pay the requisite court fees in compliance with Article 11 of Schedule I of the Court Fees Act, 1870 [hereinafter referred to as the ‘Act’] as applicable to Delhi. In the instant case, court fee is payable at the rate of 4% of the value of the property in respect of which the grant of probate has been made.

2.2. A valuation rep