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Jayanta Bandyopadhyay   26 March 2023

Probate and stamp duty

My late father had executed a registered will and it is 2 years to get Probate from Howrah Court and I will be paying an huge court duty on current valuation . My query is that after me, daughters will inherit the property and then possibly they will also spend huge money. On same property, how many times court proceedings and stamp duty will be paid. Is there any other alternative legal and vast effective route?



 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 March 2023

Once the court fee is paid it is not necessary to pay again.  

1 Like

Dr J C Vashista (Advocate)     27 March 2023

Well advised by senior expert Mr. Kavksatyanarayana, I agree since probate of will is compulsory in Howrah / Calcutta wherein  probate case has to be presented / proceeded / decided and stamp duty has to be paid once only by beneficiary of will but not his/her LRs. 

Probation of will is compulsory in your case.

What is the opinion and advise of the lawyer engaged / paid by you ? 

Jayanta Bandyopadhyay   27 March 2023

Many thanks. Lawyer mentions about roughly 8 % of Municipal valuation of house property. Possibly 6% State Govt, 1% Court, 1% Lawyer.

So far I have paid Rs.20k since date of petition in Sep 21 and just last month mandatory 30 days notice in newspaper order is issued by Howrah Court.


Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 March 2023

No need to pay court fee again and again. The executor can apply for probate after seven days of the testator's death. The process of probate of Will takes at least six to nine months to complete.

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