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Bombay High CourtTP/2870/2025grant issued

Rajesh Tukaram Chalke v. Late Anandi Alias Anandibai Tukaram Chalke

2026-02-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 2870 OF 2025 Petition for Letters of Administration to the property and credits of Late ANANDI ALIAS ANANDIBAI TUKARAM CHALKE .. Deceased RAJESH TUKARAM CHALKE .. Petitioner Before : TAXING MASTER, High Court, Bombay Date : 6th February, 2026

Present:

Mr. Subhash G. Bane a/w. Ms. Neha Bane, Advocate for the Petitioner.

Called for Directions :

1.

The Hon'ble Prothonotary and Senior Master by an order dated 9th December, 2025 referred the above matter to the Taxing Master, High Court, Bombay, as the Petitioner claimed that, they have paid excess court fees.

2.

The Advocate appearing for the Petitioner had submitted relevant papers of the matter on 16th December, 2025. Accordingly, the matter was listed before me for direction on 5th February, 2026, at 3:30 p.m., and today at 12:30 p.m.

3.

The Petitioner had filed above Testamentary Petition for Letters of Administration to the property and credits of Late Anandi alias Anandibai Tukaram Chalke. The Petitioner is claiming tenancy right over the property which is owned by MHADA and tenanted premises of

: 2 :

MHADA, situated at Lower Parel, Mumbai 400 013 admeasuring 17.44 sq. mtrs and having monthly rent of Rs. 699/-. Description of the said property given in Schedule I of Exhibit "E" and annexed rent receipt as Exhibit "F" to the Petition respectively. For the purpose of the valuation, the Petitioner computed the value of the immovable property which is owned by the MHADA as monthly rent * 150 = Total value of the said immovable property, i.e. Rs.699/- * 150 = Rs.1,04,850/-. 4.

Heard the Ld. Advocate appearing for the Petitioner and after perusal of the papers and proceedings, the Petitioner has valued the property at Rs.1,04,850/-, he is liable to pay total court fees of Rs.2,600/- but inadvertently the Petitioner had paid total court fees of Rs.77,600/-. Therefore, he had paid excess court fees Rs.75,000/-. In view of the above the Petitioner is entitled for refund of excess court fees of Rs.75,000/-.

TAXING MASTER, HIGH COURT, BOMBAY.