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1The Court-fees Act, 1870

( ACT NO. VII OF 1870 )

[ 11th March, 1870 ]

2Chapter IIIA

PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

Notice of applications for probate or letters of administration to be given to Revenue-authorities, and procedure thereon
3[19H.(1) Where an application for probate or letters of administration is made to any Court other than the High Court Division, the Court shall cause notice of the application to be given to the Collector.
 
 
(2) Where such an application as aforesaid is made to the High Court Division, the High Court Division shall cause notice of the application to be given to the Chief Revenue Authority for the local area in which the High Court Division is situated.
 
 
(3) The Collector within the local limits of whose revenue- jurisdiction the property of the deceased or any part thereof, is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and if he is still of opinion that the value of the property has been under estimated, may require the petitioner to amend the valuation.
 
 
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquire into the true value of the property:
 
 
Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 317 of the Succession Act, 1925.
 
 
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry.
 
 
(6) For the purposes of any such inquiry, the Court or person authorized by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of
 
 
the property. The person authorized as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous.
 
 
(7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Revenue-Authority of any application under section 19E.
 
 
(8) The Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).
  • 1
    Throughout this Act, except otherwise provided, the words "the High Court Division", “Government” and “Taka” were substituted for the words "High Court" or "a High Court" or "any of the High Court", “Provincial Government” or “appropriate Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    CHAPTER IIIA was inserted by section 6 of the Probate and Administration Act, 1875 (Act No. XIII of 1875).
  • 3
    Sections 19H, 19-I, 19J and 19K were inserted by section 2 of the Court-fees (Amendment) Act, 1899 (Act No. XI of 1899).
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