Mr.K.Salahudeen And Another v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 25TH DAY OF FEBRUARY 2020 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A. No.656 of 2020 in O.P.DIARY NO.9203 OF 2020 IN THE MATTER OF INDIAN SUCCESSION ACT (XXXIX OF 1925) AND

IN THE MATTER OF DEBTS OF

Intestate Mrs.A.Ghouse Unissa (deceased) 1.Mr.K.SALAHUDEEN S/o.Kahadar Basha Aged about 68 years, Door No.56, Mint Modern City 3rd Main Road, Old Washermenpet, Chennai 600 021.

2. MR.S.MUHAMMED ASHFAQ S/o.Mr.K.Salahuddeen, Aged aboyt 34 years, Door No.56, Mint Modern City, 3rd Main Road, Old Washernmenpet, Chennai-600 021.

Temporarily Working at:- Saudi Business Machines, Juffali Building- Madinah Road,

P.O.box 5648, Jeddah 21432, Kindgom of Saudi Arbia.

..Applicants/Petitioners Application praying that this Hon'ble Court be pleased to accept the succession duty of Rs.9000/- as Court Fee instead of remitting the same in the Reserve Bank of India.

This Application coming on this day before this court for hearing the court made the following order:

This application is filed to accept the succession duty of Rs.9,000/- as Court Fee instead of remitting the same in the Reserve Bank of India.

2. I heard the learned counsel for the applicants/petitioners in O.P.SR.No.9203 of 2020.

3. The learned counsel for the applicants submitted that a petition was filed under the above mentioned SR Number for issuance of Succession Certificate to the petitioners. The value of the estate was specified as Rs.3 lakhs therein and the applicants/petitioners paid a sum of Rs.9,000/- by way of Court Fee Stamps inadvertently instead of depositing the same in the Reserve Bank of India. Therefore, the present application is filed.

3. I considered the submissions of the learned counsel and also upon examining the Original Petition, I find that the applicants procured Court Fee Stamps of the value of Rs.9,000/- which represents 3% value of the assets as per the petition. Therefore, I find that the interest of revenue is

satisfied and the applicants are entitled to the relief as prayed for.

4. Accordingly, the application is allowed and it is directed that the succession duty of Rs.9,000/-, which was paid as Court Fee Stamps instead of remitting the same in the Reserve Bank of India be accepted. Consequently, the Original Petition is directed to be numbered, if it is otherwise in order.

Sd/-S.K.R.J.

25.02.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/27.02.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.