Succession certificate
Guest
(Querist) 30 September 2011
This query is : Resolved
what should court fees for 29 lakhs in succession certificate in uttar pradesh
prabhakar singh
(Expert) 30 September 2011
8.75% approximately should it come.
Guest
(Querist) 30 September 2011
is there no upper limit.
eg; A maximum Court fees payable in the State of Maharashtra is Rs. 75,000 for obtaining a probate.
prabhakar singh
(Expert) 30 September 2011
Your first question was for a succession.now
the illustration is being cited for PROBATE that too of Maharashtra.
To my knowledge here in UP calculation would be required which in both case be it probate or succession the court fee would be almost same and in case when really calculated does not exceed more than 8.75% as told.
here a table and condition with minimum to maximum is given under which it begins for 20k 2.5%,if 50k then on 20k as said for remainder,30k3.25% and so on..........[starting from condition a to condition h]
condition (h) dictates when such amount or value exceeds 5 lakhs rupees,on five lakhs rupees the fee payable under (g) And on the remainder eight and three-fourth percentum.
In (g) it is eight and one forth percentum.
Hence 29 -5=24
on 5l@8.25%,and
on remainder 24l@8.75%
would fall the exact calculation.
i said approximately [without looking any where 8.75%!!!
When some thing comes free it looses value.
If i get a few more like you i will refrain to answer even.
The same rate though through an other entry 11 is for probates.succession entry is 12.
Raj Kumar Makkad
(Expert) 30 September 2011
I have also checked it and found the reply of prabhakar singh as correct.
Guest
(Querist) 30 September 2011
Mr. Prabhakar singh I would kindly like to draw your attention to article on the net.
ARTICLE 1
LINK http://www.dnaindia.com/mumbai/report_now-get-succession-certificate-without-paying-court-fee_1015294
ARTICLE 2
LINK http://wirc-icai.org/WIRC_REFERENCER/Miscellanea/Succcession%20&%20Wills.htm
please see this article and share your thoughts
(if you are not able to see the article on net I will attach a copy of it)
prabhakar singh
(Expert) 30 September 2011
When Yallpragada Manjulata Rao applied for a succession certificate to a flat owned by her husband in a Juhu Cooperative Housing Society (CHS) after the husband’s death, she was slapped a court fees of Rs 75,000.
However, after a recent order of the Taxing Master of the Bombay High Court, the staggering fees has been reduced to zero.
In a landmark order, the HC Taxing Master ruled that legal heirs seeking transfer of a flat in a CHS after the death of the owner need to pay court fees on the value of the share in society and not the market value of the flat. In a CHS, each flat owner is issued five shares valued at Rs50 each.
This order will benefit persons applying for a succession certificate for a flat in a CHS as till now, they were required to pay a court fees calculated as a percentage of the market value of the flat. The court fees for a succession certificate calculated under the Indian Succession Act is zero for an asset valued less than Rs1000. For an asset valued between Rs 1,001 and Rs 50, 000, it is 2 per cent, for Rs 50,001 to Rs 2lakh it is 4 per cent, between 2lakh and Rs3 lakh it is 6 per cent and above Rs3 lakh it stands at 7.5 per cent with a maximum ceiling of Rs 75,000.
Rao’s flat, which was has a market value of Rs40 lakh, invited a court fees of Rs 75,000. Rao’s lawyers, Suren Shety and AK Menon, challenged the court fees levied citing Rule 23 of the Maharashtra Cooperatives Societies Rules, which states that where a person is allotted a share by a society the payment required to be made
ARTICLE 1
shall not exceed the face value of the share.
In Rao’s case there was exchange of money. Only the shares were being transferred to Rao after her husband Yallapragada Shankar Rao’s death. Therefore, the court fees would be charged on the face value of the shares, which added up to Rs250. The value of the shares being less than Rs1,000, the issue of succession certificate attracted zero court fees.
prabhakar singh
(Expert) 30 September 2011
but ANY WAY WHAT ARGUMENT YOU WANT TO MAKE WITH ME???
DO YOU WANT TO SAY THAT ARTICLE1 FOUND MUST RULE EVERY LAND BY ANALOGY,THEN TALK MAYA ,CIVIL COURT HERE IS GIVEN WITH NOT TAX MASTER BUT TAX CALCULATOR BY MAYA.
prabhakar singh
(Expert) 30 September 2011
dO NOT TEACH ME HOW TO GOOGLE.?????
prabhakar singh
(Expert) 30 September 2011
I HAVE JUST REPLIED A QUESTION.IF ANSWER IS NOT CORRECT LOOK FOR SOME ONE ELSE TO ANSWER.
IF THE COURT FESS IS ZERO GET THE CERTIFICATE,HAVE I ASKED YOU TO PAY OR PLEADED TO ENGAGE ME.??????
Guest
(Querist) 30 September 2011
In article 1 I would like to draw your attention to this paragraph
The court fees for a succession certificate calculated under the Indian Succession Act is zero for an asset valued less than Rs1000. For an asset valued between Rs. 1,001 and Rs. 50, 000, it is 2 per cent, for Rs. 50,001 to Rs. 2lakh it is 4 per cent, between 2lakh and Rs3 lakh it is 6 per cent and above Rs3 lakh it stands at 7.5 per cent with a maximum ceiling of Rs. 75,000.
ARTICLE 2
I have attached a Microsoft word file of article 2. kindly read it
IN this article again their is slab of court fees for succession certificate in the end
I have copied this
prabhakar singh
(Expert) 01 October 2011
I HAVE GONE WITH THIS ONE TOO.
YOU ARE RIGHT MOVE FOR 1 GET 3 FREE THEY MAKE YOU ENTITLED ,OKAY.
Guest
(Querist) 01 October 2011
well I am just stating the facts
if truth is so hard to gulp down its your problem and please refrain from using useless comment like
"dO NOT TEACH ME HOW TO GOOGLE.?????"
"IF THE COURT FESS IS ZERO GET THE CERTIFICATE,HAVE I ASKED YOU TO PAY OR PLEADED TO ENGAGE ME.??????"
and please let me hear the reply of other expert. Don't make this query offensive to other.
prabhakar singh
(Expert) 01 October 2011
WHAT TRUTH YOU ARE SPEAKING ABOUT???
YOU MAY TAKE YEARS TO UNDERSTAND THE TRUTH YOU SENT ME BY ARTICLES AND I HAVE NOT ONLY DIGESTED BUT HAVE GOT THE PRESCRIPTION ALSO.
MONEY IS AN ELEMENT THAT MAKES A MAN BLIND;
AND THEN HE FAILS TO READ BETWEEN THE LINES.
Adv. Gurchal
(Expert) 06 January 2015
sir, where can i find this case of Yallpragada Manjulata Rao ( can you please give citation )
