Case Note & Summary
The dispute concerned the proper stage for payment of court fees in a contested probate proceeding under the Indian Succession Act, 1925. The petitioner initiated probate proceedings before the VI Additional City Civil and Sessions Judge, Bengaluru, under Section 276 of the Indian Succession Act, 1925, seeking probate of a Will dated 05.12.2022 executed by Paul Joseph. After publication in the probate proceedings, the respondents appeared and contested, which led to the registration of the probate petition as a suit, OS No.3688/2024. The trial court, by order dated 25.11.2024, directed the petitioner, as plaintiff, to pay necessary court fees as per Schedule II Article 11(m) of the Karnataka Court Fees and Suits Valuation Act, 1958. The petitioner contended that court fee was not required at that stage and was payable only at the conclusion of the probate proceedings, relying on A.G.Hariharan v. A.G.Singaravalu. Aggrieved, the petitioner filed the present writ petition under Article 227 of the Constitution of India seeking to set aside the trial court's order. The question before the High Court was whether a petition for probate or letters of administration, when contested under Section 295 of the Indian Succession Act, automatically becomes a regular suit and must be valued ad valorem under Article 11(1) of Schedule II, or whether fee under Article 11(m) is payable only at conclusion. The Full Bench of the Karnataka High Court in G.Somashekar v. Smt.Jayamma & Ors. had already considered this question and held that a probate proceeding under Section 270, whether caveated or contested, does not metamorphose into a suit merely because Section 295 mandates trial as a suit; the words 'plaintiff' and 'defendant' only confer procedural rights ordinarily available to parties to a suit and nothing more. Following that Full Bench decision, the High Court held that the petitioner was liable to pay the requisite fees under Schedule II Article 11(m) at the conclusion of the proceedings, not earlier. Consequently, the court set aside the impugned order dated 25.11.2024 and directed the trial court to conduct further proceedings in terms of the Full Bench judgment. All rights and contentions of the parties on the merits were kept open. The writ petition was allowed, and the proceedings before the trial court were noted to be posted on 27.08.2026.
Headnote
A) Succession Law - Probate Proceedings - Nature of Contested Probate Proceedings - Indian Succession Act, 1925, Sections 270, 284, 295; Code of Civil Procedure, 1908, Section 26, Order VII Rule 1, Section 33 - A probate petition filed under Section 270, whether caveated or contested, does not metamorphose into a regular suit merely because Section 295 mandates trial of contentious proceedings in the procedure applicable to suits; the Full Bench held that the essential ingredients of a suit, such as presentation of a plaint and resulting decree, are absent and the nomenclature 'plaintiff' and 'defendant' only confers procedural rights ordinarily available to parties to a suit. Held that the probate proceeding remains distinct from a suit for all practical purposes (Paras 5-6). B) Court Fees - Probate Proceedings - Time of Payment and Valuation - Karnataka Court Fees and Suits Valuation Act, 1958, Schedule II Articles 11(1), 11(m); Indian Succession Act, 1925, Sections 270, 295 - Court fee in probate proceedings is payable under Article 11(m) of Schedule II at the conclusion of the proceedings and not on an ad valorem basis under Article 11(1) at an interim stage; the High Court followed the Full Bench and held the petitioner was justified in contending that the requisite fees were payable at the conclusion, thereby setting aside the trial court's order that directed payment earlier. Held that the impugned order dated 25.11.2024 was set aside and the trial court directed to proceed in terms of the Full Bench judgment (Paras 7-8).
Issue of Consideration
Whether a petition filed under Section 270 of Indian Succession Act, 1925 seeking grant of probate or letters of administration, on being contested under Section 295, automatically metamorphoses into a regular suit and therefore has to be valued on ad valorem basis under Article 11(1) of Schedule II to Karnataka Court Fees and Suits Valuation Act, 1958; and whether court fee under Article 11(m) is payable only at the conclusion of probate proceedings.
Final Decision
Writ petition allowed; impugned order dated 25.11.2024 passed in OS No.3688/2024 by VI Additional City Civil and Sessions Judge, Bengaluru set aside; trial Court directed to conduct further proceedings in terms of Full Bench judgment in G.Somashekar; all rights and contentions on merits kept open.
Law Points
- Contested probate proceedings under Section 295 of Indian Succession Act
- 1925 do not automatically become a suit
- court fee in probate proceedings is payable under Schedule II Article 11(m) of Karnataka Court Fees and Suits Valuation Act
- 1958 at the conclusion of proceedings
- merely because procedure applicable to trial of suits under CPC is mandated does not convert probate proceeding into a suit.
