D.Dakshina Moorthy (Sr.Office Superintendent) 23 August 2013

Probate case

Dear Sirs, I request you to kindly provide your suggession for the following : In order to acquire ancestral property of my share on the basis of Will written by my grandmother, I would like file a suit under Probate Case. For the probate case, is there any requirement of Stamp Duty for the valuation of property about 5 Lakhs ? Will it be possible to file a suit against the parties without stamp Duty for the property. ( Stamp Paper may be Rs. 3000 to 4000 ). Otherwise, is there any way to file ? Thanking you, ( D.Dakshina Murthy )

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 August 2013

The following documents to be submitted

(a)Original Will of the deceased.

(b) Title Deeds pertaining to the immovable property mentioned in the Will, if any.

(c)Documents pertaining to the movables, mentioned in the Will, if any.

Karnataka Court Fees and Suits Valuation Act, 1958, has several parameters for levy of court fees on probate application and the same is exhaustive.

A petition has to be filed before the Principal Court of Original Jurisdiction or before the Hon'ble High Court under Section 374 of the Indian Succession Act. The Court in question will issue the court notices at the initial stage and a paper publication will be caused besides a Gazette publication as well. In case such a petition is contested, it will be converted into a regular suit and upon contest the same will be disposed off, by delivering the judgment and decree, in accordance with law.

D.Dakshina Moorthy (Sr.Office Superintendent) 24 August 2013

Thanks to receive your message. The land is in Tamil Nadu. Kindly let me know that as per the provisions of Court fees and suits valuation, what will be approximate fees ? and what is the difference between probate suit and regular suit. What will be court fee with or without stamp duty for a regular suit in this case ? Expecting your favorable reply, ( D.Dakshina Murthy )

Probate case

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