Full Court Fee For Grant Of Letters Of Administration Payable Only When Application Is Allowed: Allahabad High Court
The Allahabad High Court has held that only Court fees of Rs. 25/- is payable when application for grant of letters of administration is made. It held that full court fees is payable only when such application allowed by the Court.
Justice Sandeep Jain held
“..a token amount of Rs.25/- is to be paid at the time of moving application seeking letters of administration under Section 276 of the Indian Succession Act and only when the court allows that application then the petitioner is required to deposit the complete Court fees, for the actual issuance of the letter of administration. It is apparent that the petitioner is not supposed to deposit the complete fee at the time of moving the above petition seeking grant of letters of administration.”
Appellant applied for grant of letters of administration regarding his mother's unregistered will whereby all assets were bequeathed upon him. Appellant filed a suit for grant of letters of administration and paid Rs. 25/- as the Court fees. Deficiency of Rs.1,12,882.50 was raised by the Munsarim. Appellant filed an application for making good the deficiency.
One Shweta Jain objected to the grant of letters of administration to the appellant on grounds that the will was unregistered and was being contested by her.
The Trial Court directed the appellant to make good the Court fees deficiency and observed that the same ought to have been paid at the time of filing of the suit. This order was challenged by the appellant before the High Court under Section 299 of the Indian Succession Act, 1925.
The Court observed that the appellant was seeking letters of administration under Section 278 of the Indian Succession Act.
It observed that under Schedule II of the Court Fees Act, 1870 Rs. 25/- was supposed to be paid as Court fees at the time of applying for letters of administration and Article 11 of Schedule I prescribed payment of full court fees.
“If the Court fees of Rs.25/- was sufficient then there was no need for the Legislature to enact Article 11 of Schedule I of the Act. It is well settled that all the provisions of the statute are to be harmoniously construed and an interpretation, which renders any provision otiose is to be avoided. In view of this legal principle, it is apparent that at the time of applying for the letters of administration, only a token amount of Rs.25/- is to be paid in accordance with Schedule II of the Act, 1870 and the remaining amount is to be paid under Article 11 of Schedule I, at the time of grant of letter of administration or probate.”
The Court referred to the judgment of the Bombay High Court in Prakashchandra Deokaranji Bhoot and Others vs. Manoharlal Deokaranji Bhoot and Another wherein it was held that non-deposit of full court fees referred to in Sub-section (1) of Section 379 of the Indian Succession Act was not necessary for maintainability of the petition for grant of succession certificate under Section 372 of the Act.
Accordingly, the Court allowed the appeal and set aside the order which directed the appellant to deposit the full court fees prior to grant of letters of administration.
Case Title: Shailendra Jain v. State Of Up And 2 Others