Case Note & Summary
The petitioners, who are the legal heirs of deceased B.M. Chandregowda, filed a probate application under Section 276 of the Indian Succession Act, 1925 before the Principal Sessions Judge, Kolar, seeking grant of probate on a Will dated 27.07.2018 executed by the deceased. The application also sought directions to respondent No.5 (bank) to transfer accounts and to respondent No.6 to transfer an individual license. The trial court, by order dated 22.02.2019, rejected the application on the ground that the petitioners had not valued the immovable properties mentioned in the Will and had not paid the requisite court fee. Aggrieved, the petitioners filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka. The High Court examined the issue and held that at the stage of filing the probate application, the court cannot insist on valuation of immovable properties and payment of court fee, as such requirement arises only at the time of grant of probate. The court noted that the trial court's order was premature and without jurisdiction. Accordingly, the High Court allowed the writ petition, set aside the impugned order, and directed the trial court to consider the probate application on its merits, in accordance with law, without insisting on valuation of immovable properties at that stage. The court also directed the trial court to dispose of the application expeditiously.
Headnote
A) Succession Law - Probate - Valuation of Immovable Properties - Section 276 Indian Succession Act, 1925 - The trial court rejected the probate application on the ground that the petitioners did not value the immovable properties and pay court fee. The High Court held that at the stage of filing the probate application, the court cannot insist on valuation of immovable properties and payment of court fee, as the same is required only at the time of grant of probate. The impugned order was set aside and the trial court was directed to consider the application on merits. (Paras 1-5)
B) Civil Procedure - Court Fee - Probate Proceedings - Section 276 Indian Succession Act, 1925 - The High Court clarified that the requirement of valuation and payment of court fee under the Karnataka Court Fees and Suits Valuation Act, 1958 arises only at the stage of grant of probate, not at the stage of filing the application. The trial court's order rejecting the application was premature and set aside. (Paras 3-5)
Issue of Consideration
Whether the trial court was justified in rejecting the probate application on the ground that the petitioners failed to value the immovable properties and pay the requisite court fee, and whether the trial court could insist on valuation of immovable properties at the stage of filing the probate application.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 22.02.2019 passed by the Principal Sessions Judge, Kolar in P and SC No.37/2018, and directed the trial court to consider the probate application on its merits, in accordance with law, without insisting on valuation of immovable properties at the stage of filing. The trial court was also directed to dispose of the application expeditiously.
Law Points
- Probate jurisdiction
- Valuation of immovable properties
- Section 276 Indian Succession Act
- 1925
- Article 227 Constitution of India
- Court fee on probate application
Case Details
2019 LawText (KAR) (03) 55
Writ Petition No.11369/2019 (GM-CPC)
Ms. Sini Rajashekar for Sri D. R. Ravishankar (for petitioners); Sri D.R. Anandeewar, HCGP for R1 to R4 & R6; Sri A. Ganesh for R5
Sri. B M Venkataramanagowda and others
The Executive Engineer, Public Works Port and Inland Water Transport Department, Kolar and others
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging the order of the Principal Sessions Judge, Kolar, rejecting the probate application filed under Section 276 of the Indian Succession Act, 1925.
Remedy Sought
The petitioners sought to set aside the order dated 22.02.2019 passed in P and SC No.37/2018 by the District and Sessions Judge at Kolar, and to direct the trial court to consider the probate application on merits.
Filing Reason
The trial court rejected the probate application on the ground that the petitioners failed to value the immovable properties and pay the requisite court fee.
Previous Decisions
The trial court passed the impugned order dated 22.02.2019 rejecting the probate application.
Issues
Whether the trial court was justified in rejecting the probate application on the ground of non-valuation of immovable properties and non-payment of court fee at the stage of filing.
Whether the trial court could insist on valuation of immovable properties at the stage of filing the probate application under Section 276 of the Indian Succession Act, 1925.
Submissions/Arguments
The petitioners argued that the trial court erred in rejecting the probate application at the threshold without considering the merits, as valuation and court fee are required only at the time of grant of probate, not at the stage of filing.
The respondents did not file any counter and the matter was heard on the point of admission.
Ratio Decidendi
At the stage of filing a probate application under Section 276 of the Indian Succession Act, 1925, the court cannot insist on valuation of immovable properties and payment of court fee, as such requirement arises only at the time of grant of probate. The trial court's order rejecting the application on that ground is premature and without jurisdiction.
Judgment Excerpts
The petitioners filed P and SC No.37/2018 on the file of the Prl. Sessions Judge, Kolar, under Section 276 of the Indian Succession Act for grant of probate certificate on the Will dated 27.07.2018 executed by deceased B.M.Chandregowda.
The trial court rejected the application on the ground that the petitioners have not valued the immovable properties and have not paid the court fee.
At the stage of filing the probate application, the court cannot insist on valuation of immovable properties and payment of court fee, as the same is required only at the time of grant of probate.
Procedural History
The petitioners filed P and SC No.37/2018 before the Principal Sessions Judge, Kolar under Section 276 of the Indian Succession Act, 1925 for grant of probate. The trial court rejected the application by order dated 22.02.2019 on the ground of non-valuation of immovable properties and non-payment of court fee. Aggrieved, the petitioners filed the present writ petition under Article 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Indian Succession Act, 1925: 276
- Constitution of India: Article 227
