Chennai: The Madras high court asked state government to inform how much is the court fee/stamp duty collected by it in the last three financial years and what was the amount spent on infrastructure and other connected expenses for administration of justice.
A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. Sathyanarayanan posted to February 10, 2015, further hearing of a petition filed by K. Mohan, which sought to declare Section 213 of the Indian Succession Act as unconstitutional and violative of Articles 14 and 15 of the Constitution.
According to the petitioner, his father executed a will dated January 1, 2013 and registered it with the sub-registrar’s office in Coimbatore, whereby he bequeathed two properties in his favour. After his death on January 16, 2013, the will came into force.
As per the Indian Succession Act, when the deceased person has made a testamentary disposition of his property, immediately on his death, the property will devolve upon the legatees.
Even though the property that was bequeathed under the will devolved upon him, he was not in a position to establish his right without obtaining probate under Section 213 of the Act.
