In K.G. Sunil Krishnan v. K.G. Premsankar (2022), the High Court of Kerala difference in Payment of court fee for a probate petition in Kerala.
In an Uncontested Application
For an application for probate, letter of administration or certificate of administration, the court fee is to be computed and paid in accordance with the Chapter VI of the Kerala Court-Fees and Suits Valuation Act, 1959 and the application has to be accompanied by a valuation statement of the estate in the form set forth in Part I of Schedule III of the Court Fees Act, and the court fee is to be paid under Article 6 of Schedule I of the Court Fees Act. This is for an uncontested application.
That means, in an uncontested application falling under Section 56 of the Court Fees Act, the court fee is to be paid under Article 6 of Schedule I of the Act.
In a Contested Petitions
However, when there is a contest, the court fee is to be paid under Article 11 (k) of Schedule II of the Court Fees Act.
That means in a contested application, the court fee is to be paid under Article 11 (k) of Schedule II of the Act, i.e., one half of the scale of fees prescribed under Article 1 of Schedule I of the Court Fees Act.
