Fatehali H. Khoja (Advocate) 28 October 2008

what is the stamp duty required on probate

I have applied for probate in lease hold right property. Evidence is over, but court says your have to paid court fees on today market prise valuation of the property. please let me know what is actually court fees is payable on probate in gujarat state

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3 Replies

Ajay kumar singh (Advocate) 28 October 2008

It is to be determined by the collector of the district.Please get the matter referred to him for fixation of the fee.

N.K.Assumi (Advocate) 29 October 2008

Dear Fatehaliji,

In addition to Ajay, I am of the opinion that there is no special provisions covering the payment of court fees on application for probate or letters of administration and, therefore, the general provision contained in Art 1 of Schedule II of the Court Fees Act 1870, relating to application and petition would govern your case. On an application for probate what is charged is neither the application for probatw nor order entitling petitioner to grant of probate but probate itself. See the case of Jerbai K.Kapadia, In re ILR 1945 Bombay 783.

In the mean time as stated by Ajay Kumar singh, you can make en enquiry from the court also.