Application to Court and powers of Court

Civil196174 sections8 chapters

Chapter VI Probates, Letters of Administration and Certificates of Administration

Statutory text

(1) The Court shall, when moved by the Collector under section 54, sub-section (5), hold or cause to be held by any Court or officer subordinate to it an inquiry as to the true value at which the estate of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry.
(2) For the purposes of any such inquiry, the Court, or the subordinate Court or the officer authorised by the Court to hold the inquiry, may examine the applicant on oath either in person or by commission, and may take such further evidence as may be produced to prove the true value of the estate, and where the inquiry has been entrusted to a subordinate Court or officer, such Court or officer shall return to the Court the evidence taken and report the result of the inquiry and such report and the evidence so taken shall be evidence in the proceedings.
(3) The Court on the completion of the inquiry or on receipt of the report referred to in sub-section (2), as the case may be, shall record a finding as to the true value at which the estate should have been estimated and such finding shall be final.
(4) The Court may make such order in accordance with the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) as to the costs of the inquiry as it thinks fit.

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