MULUKUTLA ANNAPURNAMMA Vs. MULUKUTLA ATCHUTARAMMAYYA GARU

JUDGEMENT

(1.) THE learned District Judge has overlooked that Kashinath Parashram V/s. Gourabai 28 Ind. Cas. 473 : 39 B. 245 : 17 Bom. L.R. 169 has been overruled by Keshavlal Punjalal V/s. Collector of Ahmeddbad 77 Ind. Cas. 749 : 48 B. 75 : 25 Bom. L.R. 1210 : A.I.R. 1924 Bom. 228. We think we must follow the principle laid down in In re Dasu Manavala Ghetty 4 Ind. Cas. 1064 : 33 M. 93 : 6 M.L.T. 286 : 19 M.L.J. 591 and hold that petitioner is only bound to pay stamp duty for Probate on the amount of the right, title and interest of the testator in the property bequeathed and so far as ancestral property is concerned that would be 1/4 of the ancestral estate. If, of course, there is other separate non-ancestral property, separate fee will have to be paid on that. THEre will be no order as to costs. THE papers are returned to the lower Court for disposal.