AMAR DAS Vs. DADU DAYALU MAHASABHA

JUDGEMENT

(1.) Swami Amar Das has made an application under Section 276, Succession Act (39 of 1925) for probate in respect of the will of late Mahant Mohan Das Swami.

(2.) One of the items bequeathed by means of this will in favour of the applicant is a life assurance policy of the deceased for a sum of Rs. 2,000/-. The deceased had under Section 39 (1), Insurance Act (4 of 1938), named the petitioner as the nominee in respect of the said insurance policy. The petitioner contends that by reason of the aforesaid nomination he can, under Section 39 (6), Insurance Act, claim the amount due under the policy from the Insurance Company, and can ignore the bequest contained in the will. He maintains that he need not pay court-fees in respect of this item.

(3.) The Junior Secretary, Board of Revenue, has raised an objection to the effect that court-fee must be paid in respect of this sum of Rs. 2,000/- also. Section 19-I (i), Court-fees Act lays down: "that no order entitling the petitioner to the grant of probate............shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the Form set forth in the third schedule and the Court is satisfied that the fee mentioned in No. 11 of the first schedule has been paid on such valuation." The Form set forth in the third schedule requires the petitioner to disclose "all the property and credits of which the above named deceased died possessed or was entitled to at the time cf his death and which have come, or are likely to come to has hands." It is, therefore, to be seen whether this insurance policy was a part of the assets of the testator at the time of his death or not. If it was, court-fee has to be paid thereon. If it was not, no court-fee need be paid in respect of it.