Friday 19 October 2012

PROCEDURE TO BE FOLLOWED FOR PAYMENT OF COURT FEES IN APPLICATION FOR CERTIFICATE UNDER BOMBAY REGULATION ACT 1827.



As per entry 12 of Schedule I of Bombay Court Fees Act 1959, "The fee leviable for certificate under Bombay Regulation Act 8 of 1827 shall be equal to fee leviable in the case of a probate (Article 10) on the amount or value of property in respect of which certificate is granted". 
As per entry 10 of Ist Schedule of Bombay Court Fees Act 1959,  "Fee leviable in case of probate of a will or letters of administration with or without will annexed will be two percent when the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees on the amount or value up to fifty thousand rupees." 
As per section 29 of Bombay Court Fees Act. 1959 sub-section 1 "No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the third schedule, and the Court is satisfied that the fee mentioned in No.10 of the first schedule has been paid on such valuation." 
As per schedule III applicant shall use form of valuation which is annexed to schedule III.  As per said form it is necessary to give valuation of movable or immovable  property of deceased on affidavit in prescribed pro-forma of Annexure-A.
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