AIR 2015 KARNATAKA 29 ::2014 (4) AIR Kant HCR 418 ::(2015) 1 ICC 640 ::(2014) 4 KCCR 3786 ::(2015) 1 Kant LJ 282

Karnataka High Court

Hon'ble Judge(s): Anand Byrareddy , J

Karnataka Court Fees and Suits Valuation Act (16 of 1958) , Sch.2, Art.11(l)(3), Sch.1, Art.1, Art.6— Petition for grant of probate or letters of administration - Court fees -Is payable as per Art. 6 of Sch. I of Act - Any court fees paid earlier under Art 11(l) is liable to be refunded. A petition for probate or letters of administration is filed on payment of the fixed court fee prescribed under Article 11(l) of Schedule II to the KCFSV Act. If caveat is entered or if the petition is sought to be contested, it shall be treated as testamentary suit, in terms of S. 295 of the Succession Act, 1925 and court fee as prescribed under Article 11(l)(3) becomes payable. It is only if the probate or letters of administration are granted that the question of payment of the fee prescribed under Article 6 of Schedule I to the Act arises. But if the petitioner is called upon to pay the fee on the probate or letters of administration, on the grant of the same, the court fee paid under Article 11(l) of Schedule II would be taken into account in computing the fee payable under Article 6 of Schedule I to the Act. If the court fee paid under Article 1 of Schedule I to the Act is greater than the fee prescribed under Article 6 of Schedule I to the KCFSV Act, the petitioner would be entitled to the court fee so paid, as costs to be imposed on the respondent or the defendant, i....