Regarding heirship certificat under bombay regulation

This query is : Resolved 

29 April 2019

I had filed one application for getting heir-ship certificate under Bombay regulation 1827 in the year of 2015 and the same was granted to me by passing such order. But in order court direct me to furnish court fee stamp upon the valuation of the property and the court fee was Rs.40,000/- so at that time my client refuses to furnish such huge court fee and intended not to take heir-ship certificate at that time. But now after passing of four years he needs the heir-ship certificate for the same property and also he is ready to pay court fee But after laps of four years can i ask for the heir-ship certificate on that previous order itself. If yes, after laps of four years what application should i made to the court. please code any provision.

Isaac Gabriel (Expert)
30 April 2019

The query needs elaboration

30 April 2019

Dear Sir,
You may file two applications one under Section 151 CPC and another under Section 5 of Limitation Act is a prayer to condone the delay and to accept the stamp duty. Normally the Trial Court may reject such application but you will get an order in favour of the client if you approach Hon’ble High Court.

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P. Venu (Expert)
30 April 2019

This is a matter of procedure which the court's registry can provide the best suggestion.

Dr J C Vashista (Expert)
01 May 2019

Since preliminary decree/order has already been passed you need to file an application u/s 151 CPC for depositing of necessary court fees, no need for filing condonation of limitation application as the same is inapplicable.
However, it shall be better to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

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