Indian Succession Act
gangadhar
(Querist) 29 June 2009
This query is : Resolved
I had filed a Succession O.P. for want of a Succession Certificate but i am not in a position to pay the Court Fee at present but i will pay it on or before issuance of Succession certificate but the Hon'ble Court is not considering the same plz i am need of citations which ever related to the exemption of the Court Fee while filing the O.P.
Jayashree Hariharan
(Expert) 29 June 2009
If you cannot pay court fee, you should have filed a petition as a insolvent person, then carried on with this case.
There is no provision for exemption of court fee, otherwise.
Best wishes.
Y V Vishweshwar Rao
(Expert) 29 June 2009
The Court Fee can be exepted where a person is not able to pay the Court for the reasosn that the things are beyond his control and he has no assets/proerty , other than mentioned in the Suit / Legla Proceedings .
a.manoharan
(Expert) 30 June 2009
If you are not capable to pay Court - fee give the application to Legal Aid Committee which is functioned almost in all District Courts.
J K Agrawal
(Expert) 30 June 2009
Application for succession certificate is filed on rupee Two stamp only in Rajasthan (because at the time of filling application you may be in position not ot determine exact amount). when order of succession is passed the court ask about the amount with defendant and then 3% stamp duty court fee stamps are produced in Court. The Court engross order of succession on as such filed stamp papers.
This procedure solve all your problems.
Swami Sadashiva Brahmendra Sar
(Expert) 30 June 2009
Mr Agrawal is right. Normally court fee on succession certificate is paid at the time of when it is granted.
The court is wrong in not entertaining your application.
