Process Fee - if required - P & SC Proceedings
Shailendra
(Querist) 17 January 2011
This query is : Resolved
Dear all,
It is question, perhaps of law, opinions are invited from the members of the forum...
In a Probate and Succession Proceedings, for grant of Succession Certificate, is it required to pay any Process Fee? This question involves consideration of two points:
1. There is/are initially no Respondent/s, (in a typical case) as the legal heirs are the only lawful claimants.
2. Even if there are objections to the issue of Succession Certificate, they will be impleaded as Respondent/s only after the Paper Publication.
Hence, is it required to pay the Process Fee when there are absolutely no Respondent/s?
Devajyoti Barman
(Expert) 17 January 2011
The Process Fee is required to pay as beacuse the court sends the notice of the case at the adress of the dead person as well to check the veracity of the petition praying for Succession Certificate.
Shailendra
(Querist) 17 January 2011
@ Devajyoti:
But how can the notice of the case be sent at the address of the Petitioners who themselves are praying for the grant of Certificate?
adv. rajeev ( rajoo )
(Expert) 17 January 2011
It is not necessary to pay any process fee. Process fee has to pay in case of paper publication fees.
Amit Minocha
(Expert) 17 January 2011
process fee is paid only for the purpose notice . If there as no respondents whom would the notice be issued to ? But for Publication u need to file process and publication charges as would may also be one of the parties.
Shailendra
(Querist) 17 January 2011
@ Rajeev: I'm partly in affirmation with you. Paper Publication fees are usually not paid, in Karnataka at least, as the Court endorses, under its seal and signature the Citation (application for permitting to publish the content therein). Thereafter the party or the pleader themselves cause the publication in the desired newspaper.
@Amit: I certainly agree that if there are no respondents, paying Process Fee is absolutely not required, as there exists no party, to whom such a process must be issued.
Devajyoti Barman
(Expert) 17 January 2011
The Process Fee is with regard to the service of notice on the adress of the dead person for whose property the application is filed for Succession Certificate. I nowhere mentioned that the notice is meant for the petitioner. In West Bengal this is the reason why the court levies Process Fee in default of which the case would not proceed ahead.
Arvind Singh Chauhan
(Expert) 17 January 2011
Only paper publication is not enough it also necessary to issue summon to respondent, though it is only one, hence process fee is required and I concur with Barman Sir.
Shailendra
(Querist) 18 January 2011
@ Arvind: I have amply made it clear that there is no Respondent in a typical P& SC Proceeding. Therefore the Cause Title bears the entry "Nil" in Respondent's entry.
