The Hindu : Tamil Nadu / Chennai News : Court directive to Collectors

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Saturday, Nov 18, 2006
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Tamil Nadu

Tamil Nadu - Chennai

Court directive to Collectors

Special Correspondent

Collector's proceedings against petitioner quashed

CHENNAI: In cases relating to the probate of will, Collectors shall complete valuation of the inventory of property within the permissible period of six months, the Madras High Court has said.

Allowing the writ appeal of O.S. Ramasamy, a Division Bench comprising Justices P. Sathasivam and S. Tamilvanan regretted that in recent years Collectors had not filed applications in courts for directing the parties to pay court fee when they disputed the charge of under-valuation of property. Regretting the "latitude" on the part of the Collectors, the judges said that they must act diligently. Otherwise, it would result in loss of revenue to the State.

Mr. Ramasamy had filed an original side application in the High Court seeking to probate the will of his father, who died in 1987. The probate was issued by the court in 1990. He had filed an inventory of property and credits, besides the true account of the estate and assets of the deceased for the purpose of calculation of court fee. The court forwarded the details to the Chennai Collector. Claiming that the property had been undervalued, the Collector issued a notice in 1992, and called upon the appellant to pay Rs.16.33 lakh towards additional court fee. Assailing the demand, Mr. Ramasamy said the mandatory six months period had expired. Therefore, the valuation of the property did not arise, he said. A single judge, however, dismissed the writ petition.

Allowing the writ appeal on Thursday, the Division Bench said if the charge of under-valuation of the property was disputed, the Collector must move the court where the probate was granted for the determination of the true value of the property. Citing the inordinate delay, the judges said the proceedings initiated by the Collector were liable to be quashed as he was not permitted to move the court at this juncture.

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