PRAVEENA BHARDWAJ Vs. STATE

JUDGEMENT

(1.) The petitioner has made an application for grant of Proliate under S. 276 of the Indian Succession Act. The question which arises for consideration is: what is the point of time or stage when he should be directed to pay court-fee? There is a divergence of judicial opinion. Before noticing the conflict I will first set out the relevant statutory provisions.

(2.) A petition for the grant of a probate or Letters of Administration is made imdcr Ss. 276 and 278 of the Indian Succession Act. After the petition is made ihe question of court-fee immediately suprings rip. S. 19-1 of the Court Fees Act is the provision around which the controversy centres and it is as follows:

(3.) Schedule I of Article II provides for the rate of court-fee and is as under:- <FRM>JUDGEMENT_151_ILR(DEL)1_1975Html1.htm</FRM> In the Punjab the Article has been amended as under: