Succession Certificate – Application by widow for waiver in payment of court fees – Bombay Court fees Act 1959, section 379.

The petition has been filed for issue of succession certificate in respect of the securities left by the deceased husband of the petitioner. The petitioner has not stated or substantiated that the petitioner, as the widow, is not able to otherwise maintain herself.

The securities mentioned in the petition are the moveable property left by the deceased. The petitioner, as also her two married daughters, are entitled to have an equal share in the estate of the deceased. The petitioner would be entitled to the securities upon the death of the deceased and upon administration of his estate.

The Hon’ble Court observed that it is a settled position in law that a woman is entitled to waiver/ exemption of Court fee only in respect of applications for maintenance in matrimonial disputes or with regard to divorce and family law matters and not for property disputes.

Since the petition is in respect of only the securities, the petitioner has not applied for Probate or Letters of Administration of the deceased, but only for the issue of Succession Certificate u/s. 370 of the Indian Succession Act. Upon the certificate being issued in the form specified in the schedule VIII, the petitioner would be empowered to receive interest and dividends thereon u/s. 374(a) of the Indian Succession Act (ISA). The petitioner would, therefore, be liable to deposit the sum equal to fee payable under the Court fees act 1870 (and later Bombay Court Fees Act, 1957) as applicable u/s. 379(1) of the ISA. The fact of the succession certificate being issued would be conclusive against the companies in which the deceased held the shares and securities u/s. 381 of the ISA.

Any party aggrieved by the issue of the certificate would be entitled to apply for revocation of the certificate u/s. 383 of the ISA. The order passed herein would be liable to appeal u/s. 384 of the ISA. Thus, the petition for issue of succession certificate is no different from the provisions under which the probate or Letters of Administration are granted. The petition for Succession Certificate may be filed only because the probate or Letter of Administration would not be applied for, since it is not in respect of immoveable property left by the deceased. The petitioner is also liable to pay the court fees.

Consequently, merely because the petitioner is the widow or child of the deceased, the petitioner would not be entitled to any remission, exemption or waiver of the Court fee statutorily required to be payable u/s. 379 of the ISA for securities or other debts of the deceased.