IN RE: REV. DR. L. RAYMOND Vs. STATE

JUDGEMENT

(1.) THIS is an application for the probate of a will executed by Ernest Raymond Yakchee who died in the night between the 9th and the 10th of September, 1954. The Petitioner is required by Section 19 -I of the Court Fees Act (XII of 1870) to deposit the amount of court fee payable for the probate before an order for the grant of probate can be made. Similarly Section 57(b) of the Estates Duty Act (XXXIV of 1953), lays down that no order entitling the applicant to the grant of probate or letters of administration can be made unless a certificate is produced from the Controller of Estate Duty to the effect that the Estate duty has been paid or will be paid or that none, is due.

(2.) THE Petitioner has no funds enhanced. We are informed that the amount of court fee and the Estate duty payable in respect of this Estate will come to Rs. 52,302/ -. The question that has arisen for our decision is as to what procedure is to be adopted for finding funds for payment of court fee and the Estate duty.

(3.) A direction shall therefore issue to the Agent, Gorakhpur Branch of the State Bank of India to deposit a sum of Rs. 52,302/ - in this Court within a period of six weeks from the date of the receipt of direction by him.