BHUPENDRAKUMAR NARSINHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question raised in this petition is directly covered by the judgment of the Supreme Court in the case of P. M. Ashwathanarayana Setty and Ors. v. State of Karnataka, AIR 1989 SC 100 confirming the judgment of the Bombay High Court in the case of Mrs. Jyoti Nikul Jariwala and Ors. v. State of Maharashtra, AIR 1988 Bombay 123.

(2.) The petitioner applied for succession certificate and letters of administration on the death of his father. The application was registered as Succession Miscellaneous Application No. 166 of 1990 in the Court of the Civil Judge (S.D.), Baroda. The succession certificate has been ordered to be issued in favour of the petitioner. However, the actual issuance of succession certificate is held up on account of non-payment of Courtfees. According to the respondent authorities, having regard to the valuation of the property of Rs. 7,52,760.00 the Court-fees payable would be Rs. 54,000/-.

(3.) Section 29 of the Bombay Court Fees Act provides for the payment of Court fees in respect of probate and letters of administration which reads as follows :