Section 19E:
Provision 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.]
Notes:
1. Ins. by Act 13 of 1875, s. 6.
2. Subs. by Act 10 of 1901, s. 3, for "of the Province".