BIRDIBAI MOHANLAL Vs. CHUNILAL CHANDMAL

JUDGEMENT

(1.) THE facts that have given rise to this appeal may be stated in. a very narrow compass, and they are as follows: One Mohanlal died on April 17, 1940, leaving three sons and a widow. THE sons were minors and the widow was their natural guardian. THEreupon the widow on her own behalf and as the guardian of her three minor sons applied for letters of administration of the moveable property of Mohanlal consisting mainly of shares in joint stock companies and certain deposits. THEre was no opposition to the application, but the learned Judge was of opinion that the application ought to have been made in respect of the whole property, both moveable and immoveable, and further that court-fee was chargeable on the whole of the estate. In this appeal it is contended, firstly, that the learned Judge was wrong in holding that an application should have been made with respect to the whole of the property, and, secondly, that the lower Court was in error in coming to the conclusion that the property was not exempt from court-fee, although the property in the hands of Mohanlal was a joint family property.

(2.) THERE has been no appearance for the opponents-respondents, but as the decision of both the questions arising in this appeal was in some measure likely to affect the public revenue, a notice was ordered to be issued to the Government Pleader.

(3.) WE must, therefore, allow this appeal, set aside the order of the lower Court and direct that the letters of administration should issue to the petitioners free from the liability for the payment of any court-fees in respect of the property which was originally included in the petition.