TMI Blog1979 (10) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... y Clearance Certificate and the necessary court-fees. The Registry prepared the Probate and also annexed details of property as Annexures 'A' and 'B' to the said probate. Mr. Bhagat, counsel for the petitioner states that the Probate prepared by the Registry is not in accordance with Section 289 read with Schedule VI of the Act. Under Section 276 of the Act in the application for the grant of the Probate the petitioner is required to state the amount of assets which are likely to come to the petitioner's hands only for purposes of court-fees. Under Section 19-I of the Court-fees Act the petitioner is required to pay court-fees on such valuation. The petitioner accordingly paid the court-fees on the value of the property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the probate has been paid, and later on it is found that the value of the property was more. Section 19-E of the Court-fees Act is as follows: 19-E. Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue Authority (for the local area) in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y not indicated in the schedule annexed to the Probate. On an application the High Court deleted the schedule of property attached to the Probate under its inherent powers by order dated 9th April, 1962. Thus it appears that schedule of property should not be part of Probate granted by the court. It is therefore ordered that the probate prepared by the Registry be amended so as to bring the same in accordance with the form set forth in Schedule VI of the Indian Succession Act, 1925 by deleting the words as set out in Annexures 'A' and 'B' (annexed hereto) from the Probate prepared by the Registry, 2. Mr. Bhagat, counsel for the petitioner further submits that affidavit of valuation with Annexures 'A' and 'B' ..... X X X X Extracts X X X X X X X X Extracts X X X X
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