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In Re: Court-fee Reference - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Case NumberCivil Misc. No. 255 of 1946
Judge
Reported inAIR1952All639
ActsUttar Pradesh Court-fees Act, 1870 - Sections 19I
AppellantIn Re: Court-fee Reference
Appellant AdvocateG. Mehrotra, Adv.
Respondent AdvocateE.V. David, Adv.
Excerpt:
civil - basis of valuation - section 19 i (u.p.) of court-fees act, 1870 - according to market rate prevalent on the date of application and not on the rate on date of death of deceased. - - 1,171-12-7 pointed out by the collector will be made good within two months......time of the latter's death.....'it has been urged, on behalf of the petitioner,that the words 'at the time of the latter's death'govern the word 'valuation.' we are of opinionthat this is not so. the valuation has to be ac-cording to the market rates prevalent on thedate of the appln. the words 'at the time of thelatter's death' refer to the assets & liabilities ofthe deceased in british india. it is only thoseassets & liabilities which exist at the time of thedeath which have to be valued, but the valuation has to be on the market rates current onthe date of the appln., namely, the petn. forprobate. under these circumstances, the collectorwas right in valuing the assets & liabilities leftby the deceased at the time of his death according to the market rates current on the date ofthe.....
Judgment:

Wanchoo, J.

1. This is a reference by the Collector of Allahabad under Section 19H(4), Court-fees Act with respect to the estate of the late Mr. J. M. David of Allahabad. The question that has to be decided is whether the valuation! arrived at by the Collector, of tha properties left by the late Mr. J. M David is correct or not. According to the petitioner's valuation, the court-fee payable on the application for probate in this Court is Rs. 7,674-4-0. But according to the valuation of the Collector, the amount of court-fee required is Rs. 8,846-7-0 only. The Collector's valuation was not accepted by the petitioner. Her objection was that the properties should be valued on the date on which the late Mr. J. M. David died & not on the date of the application. Section 19-I is as follows :

'No order entitling the petitioner to the grant of Probate or Letters of Administration shall be made until the petnr. has filed in the Court.....a valuationaccording to the market rates current on the date of the application of all the assets & liabilities of the deceased in British India' at the time of the latter's death.....'

It has been urged, on behalf of the petitioner,that the words 'at the time of the latter's death'govern the word 'valuation.' We are of opinionthat this is not so. The valuation has to be ac-cording to the market rates prevalent on thedate of the appln. The words 'at the time of thelatter's death' refer to the assets & liabilities ofthe deceased in British India. It is only thoseassets & liabilities which exist at the time of thedeath which have to be valued, but the valuation has to be on the market rates current onthe date of the appln., namely, the petn. forprobate. Under these circumstances, the Collectorwas right in valuing the assets & liabilities leftby the deceased at the time of his death according to the market rates current on the date ofthe petition. Mr. David took time to verify themarket rates on which the Collector had calculated the valuation. He has not challenged itbefore us. Under these circumstances, the deficiency of Rs. 1,171-12-7 pointed out by the Collector will be made good within two months.


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