19EProvision for case where too low a court-fee has been paid on probates, etc
1[19E. Provision for case where too low a court-fee has been paid on probates, etc.-- Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue-authority 2[for the local area] in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters:]
Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.]
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1. Ins. by Act 13 of 1875, s. 6.
2. Subs. by Act 10 of 1901, s. 3, for "of the Province".
- 19A Relief where too high a court-fee has been paid
- 19B Relief where debts due from a deceased person have been paid out of his estate
- 19C Relief in case of several grants
- 19D Probates declared valid as to trust-property though not covered by court-fee
- 19E Provision for case where too low a court-fee has been paid on probates, etc
- 19F Administrator to give proper security before letters stamped under section
- 19G Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of underpayment
- 19H Notice of applications for probate or letters of administration to be given to Revenueauthorities, and procedure thereon
- 19-I Payment of court-fees in respect of probates and letters of administratio
- 19J Recovery of penalties, etc
- 19K Sections 6 and 28 not to apply to probates or letters of administration