Fatehali H. Khoja (Advocate) 28 October 2008
Ajay kumar singh (Advocate) 28 October 2008
N.K.Assumi (Advocate) 29 October 2008
Dear Fatehaliji,
In addition to Ajay, I am of the opinion that there is no special provisions covering the payment of court fees on application for probate or letters of administration and, therefore, the general provision contained in Art 1 of Schedule II of the Court Fees Act 1870, relating to application and petition would govern your case. On an application for probate what is charged is neither the application for probatw nor order entitling petitioner to grant of probate but probate itself. See the case of Jerbai K.Kapadia, In re ILR 1945 Bombay 783.
In the mean time as stated by Ajay Kumar singh, you can make en enquiry from the court also.
Sankaranarayanan (Advocate) 29 October 2008
mr. assummi is statement is correct.
just go and find the fact