Section 11

Section 11 of Delhi Court Fee Amendment ACT 2012. Probate of a Will or Letters . of Administration with or without Will annexed.

Probate of a Will or Letters . of Administration with or without Will annexed. When such judgment or order is Twenty rupees per page. passed by a High Court. When such decree or order is Ten rupees per page. made by any Civil Court other than a High Cot ... or by any Revenue Court. When such decree or order is Twenty rupees per page. made by a High Court.

(a) When the stamp duty One rupees. chargeable on the original does not exceed one rupees. Ten rupees. For every three hundred and Ten rupees. sixty words or fraction of three hundred and sixty words. India tenu When the amount or value of the Two and one-half per centum on such amount or value. property in respect of which the grant of probate or letters is made exceeds one lakh rupees. but does not exceed ten lakh rupees. When such amount or value Three and one quarter per centun exceeds ten lakh rupees, but does on such amount or value. not exceed fifty lakh rupees. When such amount or value exceeds fifty lakh rupees.

Provided that when after the grant of a certificate under Part- X of the Indian Succession Act. 1925 (39 of 1925) or under the Regulation of the Bombay Code No.8 of 1327 in respect of any Four per centum on such amount or value. property included in an estate, a grant of probate or letters of administration is made in respect of the same estate. the fec payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant. Certificate under Part-X of the Indian Succession Act. 1925 (39 of 1925) Two and one-half per centum or. the amount or value of any debt or security specified in the certificate under section 374 of the Act, and four per centum on the amount or value of any debl or security to which the certificate is extended under section 376 of the Act. Note. - (1) The amount of a debt is its amount; including interest on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be nsce Indias, Coined (2) Whether or not any power with respect to a security specified in u certificate has been conferred under the Act and where such a power has been so conferred. whether the power is for the receiving of interest or dividends on or for the negotiation or transfer of, the security of for both purposes, the value of the security is its market-value on the day on which the inclusion of the security in the certificate is applied for. so for as such value can be ascertained. 1G. Application to the High Court of Delhi for the exercise of its Jurisdiction under section 44 of the Punjab Courts Act. 1918 -as extended to the National Capital Territory of Delhi or to the Court of the Lt. Governor of Delhi for the exercise of revisional it's jurisdiction under section 84 of the Punjab Tenancy Act, 1887 (16 of 1887). When the amount or value of the One hundred rupees. subject-matter in dispute does not exceed fifty thousand rupees. When such amount or value The fee leviable on a memorandum exceeds fifty thousand rupees. of appeal. " " SCHEDULE II (AS APPLICABLE TO THE NATIONAL CAPITAL TERRITORY OF DELHI) FIXED REES Number Proper fee 1. Application or petition (a) When presented to any officer of the Customs or Excise Department or, to any Magistrate by any person having dealings with the Government, and when the subject-matter of such application relates exclusively 10 those dealings: Or when presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government and when the subject-matter of the application or petition relates exclusively when presented to any Cuch de. engagement; Or lunicipal Commissioner under any Act. for the time being in force, for the conservancy or improvement of any place. if the application or petition relates solely to such conservancy or improvement: 01 when presented to any Civil Court other than a principal Civil Court of original jurisdiction or to. any Court of Small Causes constituted under Act No.Il of 1865 or under Act No.16 of ISS, section 20, or . to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than lilly rupees: Or when presented to any Civil. Criminal or Revenue Court, or to any Board or, Executive Officer for the purpose of obtaining a copy or translation . of any judgment. decree or order passed by such Court, Board or Officer, or of any other document on record in such Court or Office. Ten rupeez. ta (b) When containing a complaint or charge of any offence other than an offence for which police officers may. under the Code of :. Criminal Procedure 1973 (2 of 1974), arrest without warrant, and presented to any Criminal Court; Or When presented to a Civil Criminal or Revenue Court or to a Collector or any, Revenue Officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity. and not otherwise provided for by this Act: Or Ten rupees. to deposit in Court revenue or rent; O for determination by a Court of the amount of compensation to be paid by land-lord to his tenant.

(c) When presented to a Chief Commissioner or other Chief Controller, Revenue of Executive Authority, or to a Commissioner of Revenue or Circuit. or to any Chief Ten rupees. Officer charged with the executive administration of a Division and not otherwise provided for by this Act.

(d) when presented to the High Court - under article 226 of the One hundred rupees.

(1) Constitution of India other than petition for habenus corpus and petitions arising out of criminal proceedings:

(ii) Letters Patent Appeal under the Letter Patent charter:

(iii) under article 227 of the One hundred rupees. Constitution of India;

(iv) in all. , other enses not Two hundred fifty rupees. specifically provided. 2. Application to any Civil Court that records may be called for from another Court. When the Court - grants the application and is of opinion that the transmission of such records involves the use of the post. Ten percentum in addition to the fee levied on the application under clause (a). clause (b) or clause (d) of Article-I of this Schedule. One hundred twenty five rupees. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy. One hundred twenty five rupees. 4. Undertaking under section 49 of the Divorce Act, 1869 (4 of 1869). 5. Memorandum of appeal (a) to any Civil Court other than a Ten rupees. High Court or to uny Revenue when the appeal is not from a decree or an order having the force of decree, and is presented. Court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority.

(b) to the High Court or Chief Twenty rupces. Commissioner, or other Chief Controlling Executive or Revenue Authority. 6. Every petition or application or memorandum of appeal under the Special Marriage Act, 1954 (43 of 1954), or the Hindu Marriage Act. 1955 (25 of 1955) or the Dissolution of Muslim Marriage Act. 1939 (8 of 1939). 7. Plaint or memorandum of appeal in each of the following suits :- (i) To alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court:

(ii) to alter or cancel any entry in a register of the names of proprietors of revenue paying estates:

(iii) to obtain declaratory decree where no consequential relief is prayed:

(iv) to set aside an adoption; IndiaCode One hundred fifty rupees .. Two hundred rupees. Two hundred rupees. Two hundred rupees. One hundred fury rupees.

(v) every' other suit where it is not possible to estimate at a money- value the subject-matter in dispute, and which is not otherwise provided for by any of the schedules of the Court Fees Act. 1870 (7 of. 1870). 8.(11) Application under Arbitration, and Conciliation Act. 1996 (26 of 1996) (i) for appointment of When made before - Arbitrator under section i) a Civil Judge: Two hundred fifty rupees. Five hundred rupees. One thousand rupees.

iii) the High Court: indiaCodesand Two hundred fifty rupees. Five hundred rupees. One thousand rupees.

iii) the High Court:

(iii) for seeking enforcement of an award under section 36: when made before - i) a Civil Judge;

ii) a District Judge:

iii) the High Court:

(iv) for setting aside the arbitral award under section 34: When made before - i) a Civil Judge;

ii) .a District Judge:

iii) the High Court: S.(0) Memorandum of appeal under section 37: 9 Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure. 1908 (5 of' 1908) One thousand rupees or one percentum of the amount awarded in the Award, whichever is more. One thousand rupees or one percentum of the amount awarded. whichever is more. One thousand rupees or one percentum of the amount awarded. whichever is more. Or.#hundred fifty Rupees.

(ii) for court assistance in taking evidence under section 27;

ii) a District Judge: when made before - i) o Civil Judge;

ii) a District Judge; 10. Every petition under the Divorce Act. 1869 (4 of 1869) except pekions under section 44 of the same Act, and every memorandum of appeal under section 55 of the SHINE Act. il. Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act. 1936 (3 of 1936). 12 Plaint or memorandum of appeal in a suit by a reversioner under any customary law in force in the National Cupital Territory of Delhi for declaration in respect of an alienation of an ancestral land. Application or memorandum of appeal for relief under the Delhi Rent Control Act, 1958 (59 of 1958).

Section 11, Delhi Court Fee Amendment ACT 2012 (Act 11 of 2012).