K GIRIJA KUMARI Vs. KONURU SWARAJYA LAKSHMI

JUDGEMENT

(1.) This CMA is filed against the order of the learned Principal District Judge, Ranga Reddy District dated 1-3-2004 in OPSR No.13264 of 2003 returning the O.P. presented by the petitioner.

(2.) The appellant claims that she is wife of late Sree Rama Subrahmanya Surya Prakash. She stated that her husband died on 15.9.2002. The 1st respondent is her mother-in-law. The 2nd respondent is said to be the daughter of her husband through his 1 st wife. She alleged that a sum of Rs.7,92,101.00 accrued to her husband and that she is entitled to l/3rd share of the said amount, other sharers being the Respondents 1 and 2. She filed O.P. under Section-372 of the Indian Succession Act, 1925 for grant of a Succession Certificate so as to enable her to receive the said amount. She paid Court fee of Rs. 15,8427- bemg 6% on the amount of Rs.2,64,0347- under Article-7 of Schedule-1 of A.P. Court Fees and Suits Valuation Act, 1956 (hereinafter referred to as the Act). The Trial Court took the view that the Court fee is to be paid on the entire amount of Rs.7,92,1017- and a succession certificate cannot be issued for part of the assets of the deceased person.

(3.) Learned Counsel for the petitioner submits that the succession certificate sought for by the appellant is for the purpose of enabling her to receive l/3rd of the amount that accrued to her deceased husband and that she cannot be made to pay the Court fee for the entire amount. He places reliance upon the judgment of this Court in Saramekala Anjaneyidu v. Kurra Sambrajyam, 2004 (1) ALD 846.