The Bombay Court Fees ACT, 1959 - District Courts, Maharashtra

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28. (1) Where an application for probate or letters of administration ismade in any Court other than the High Court, the Court shall cause noticeof the application to be given to the Collector.(2) where such an application as aforesaid is made to the High Court,the High Court shall cause notice of the application to be given to the ChiefControlling Revenue Authority.(3) The Collector within the local limits of whose revenue-jurisdictionthe property of the deceased or any part thereof, is, may at any time inspector cause to be inspected, and take or cause to be taken copies of, the recordof any case in which application for probate or letters of administration hasbeen made; and if, on such inspection or otherwise, he is of opinion that thepetitioner has underestimated the value of the property of the deceased, theCollector shall forward his report, giving therein his reasons for his opinionand his estimate of the true valuation, to the Prothonotary of the High Courtor the Court, as the case may be, serving at the same time a copy of hisreport on the petitioners.(4) If within thirty days from the date of receipt of the copy of theCollector's report served on him under sub-section (3) petitioner does notfile in Court his objections to the Collector's valuation, the court shall makean order amending the petitioner's valuation, in accordance with the reportof the Collector.(5) If within the aforesaid period the petitioner files in court hisobjection, the Court shall hold, or cause to be held, an inquiry in accordancewith the provisions of sections 9, 10 and 11 as if the application were a suit,and shall record a finding as to the true value, as near as may be , at whichthe property of the deceased should have been estimated. The Collectorshall be deemed to be a party to the inquiry.(6) The finding of the Court recorded under sub-section (5) shall befinal but, shall not bar the entertainment and disposal by the ChiefControlling Revenue Authority of any application under section 25.(7) The State Government may make rules for the guidance ofCollectors in the exercise of the powers conferred by sub-section (3).Notice ofapplications forprobate or lettersof administration tobe given toRevenueAuthorities, andprocedure thereon.Payment ofCourt-fee inrespect ofprobate andletters ofadministration .Recovery ofPenalties,etc.Sections 5and 40 notto apply toprobates orletters ofadministration.29. (1) No order entitling the petitioner to the grant of probate or lettersof administrations shall be made upon an application for such grant untilthe petitioner has filed in the Court a valuation of the property in the formset forth in the third Schedule, and the court is satisfied that the feementioned in No. 10 of the first schedule has been paid on such valuation.(2) The grant of probate or letters of administration shall not bedelayed by reason of any report made by the Collector under section 28, subsection(3)30. (1) Any excess fee found to be payable on an inquiry held undersection 28, and any penalty or forfeiture under section 27, may, on thecertificate of the Chief Controlling Revenue Authority, be recovered fromthe executor or administrator as if it were an arrear of land-revenue by anyCollector.(2) The Chief Controlling Revenue Authority may remit the wholeor any part of any such penalty or forfeiture as aforesaid or any part of anypenalty under section 25 or if any court-fees under section 25 in excess ofthe full court-fee which ought to have been paid.31. Nothing in section 5 or section 40 shall apply to probates orletters of administration.
CHAPTER VPROCESS FEES.Rules as tocosts ofprocesses.32. The High Court shall make rules as to the following matters : -(i) the fees chargeable for serving and executing processes issued by suchCourt in its appellate jurisdiction, and by the other Civil and Revenue Courtestablished within the local limits of such jurisdiction ;(ii) the fees chargeable for serving and executing processes issued by theCriminal Court, established within such limits in the case of offences otherthan offences for which police officers may arrest without a warrant; and(iii) the remuneration of the peons and all other persons employed byleave of a Court in the service of execution of process.The High Court may from time to time alter and add to the rules somade.All such rules, alterations and additions shall, after beingconfirmed by the State Government, be published in the Official Gazette,and shall thereupon have the force of law.Confirmation andpublication ofrules.IX of 188733. A table in the English and regional languages,showing the feeschargeable for such service and execution, shall be exposed to view in aconspicuous part of each Court.34. Subject to rules to be made by the High Court and approved bythe State Government, every District Judge of the Bombay City Civil Courtand every Magistrate of a District shall fix, and may from time to time alter,the number of peons necessary to be employed for the service and executionof processes issued out of his Court, and each of the Courts subordinatethereto.and for the purposes of this section, every Court of Small Causes establishedunder the Provincial Small Cause Courts Act, 1887, shall be deemed to besubordinate to the Court of the District Judge.35. Subject to rules to be framed by the Chief Controlling Revenueauthority and approved by the state Government, every officer perofrmingthe functions of a Collector of a District shall fix, and may from time to timealter, the number of peons necessary to be employed for the service andexecution of processes issued out of his Court or the Courts subordinate tohim.CHAPTER VIOF THE MODE OF LEVYING FEES36. All fees shall be charged and collected under this Act at the ratein force on the date on which the document chargeable to court-fee is or waspresented37. All fees referred to in section 3 or chargeable under this Act shallbe collected by stamps.38. The stamps used to denote any fees charegable under this Actshall be impressed or adhesive or partly impressed or partly adhesive, as theState Government may, by notification in the Official gazette from time totime, direct.39. The State Government may from time to time, make rules forregulating-(a) the supply of stamps to be used under this Act.(b) the number of stamps to be used for denoting any fee chargeableunder this act,( c ) the renewal of damaged or spoiled stamps, and(d) the keeping accounts of all stamps used under this act :Provided that in the case of stamps used under section 3 in the High Court,such rules shall be made, with the concurrence of the Chief Justice of suchCourt.All such rules shall be published in the Official Gazette, and shallthereupon have the force of law.Tables of processfees.Number of peons inDistrict andsubordinate courts.Number of peons inmofussil SmallCauses CourtsNumber of peons inrevenue Courts.Rate of fee in forceon date ofpresentation ofdocument to beapplicable.collection of fees bystamps.Stamps to beimpressed oradhesive.Rules for supply,number, renewaland keepingaccounts of stamps.
Page 5 and 6: FEES IN THE HIGH COURT AND IN THE C
Page 7 and 8: forownershipetc. ofimmoveable prope
Page 9 and 10: for share injointpropertyfor intere
Page 11 and 12: Cost ofinquiry asto valuationand re
Page 13 and 14: XLV of1860I of 19561. These words w
Page 15: 25. Where any person on applying fo
Page 19 and 20: Repaymentof fee incertaincircumstan
Page 21 and 22: Number.1.....Proper fee.2. Plaint i
Page 23 and 24: 12. Certificate under Bobay Regulat
Page 25 and 26: 1400 1500 260 5500 5600 7701500 160
Page 27 and 28: Number1. Application or petitionBom
Page 29 and 30: 14. Caveat15. Application for permi
Page 31 and 32: 22. Petitions under the Indian Chri
Page 33 and 34: 33. Election petition questioning t
Page 35 and 36: (b) complaint under section 28 to t
Page 37: ANNEXURE 'B'SCHEDULE OF DEBTS, ETC.

The Bombay Court Fees ACT, 1959 - District Courts, Maharashtra

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