Subhadra Anant Kesarkar vs Rukmini Vithoba Khedekar (Deceased) — Bombay HC (2025) — LawSathi Research

Subhadra Anant Kesarkar vs Rukmini Vithoba Khedekar (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Court accepted the learned AGP's clarification that the reduced court fee under the notification dated 9th August, 2024 applies to all widows (including the petitioner) in applications for probate, letters of administration, succession certificate and legal heirship certificate, and directed the registry to proceed accordingly.

Issue for consideration

Whether the petitioner is entitled to waiver of court fees in the testamentary petition. +1 more

Ratio / Principle

Acting on the learned AGP's clarification, the Court recorded that the Government of Maharashtra notification dated 9th August, 2024 (issued under section 46 of the Maharashtra Court Fees Act, reducing the maximum fee payable by widows on probate/letters of administration from Rs. 75,000/- to Rs. 10,000/-) applies to all widows in applications for probate, letters of administration, succession certificate and legal heirship certificate, and that with this clarification nothing further remains in the petition.

Key takeaways

The registry was directed to proceed in accordance with the notification dated 9th August, 2024 and the clarification recorded by the Court.ratio¶23
The Court observed that the reduced court fee under the notification will apply to all matters to which the notification pertains.obiter¶24

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Miscellaneous Petition No. 108 of 2025 (Arif S. Doctor, J.; 9th April, 2025): Following a requisition by the Testamentary Registrar on the question of the petitioner-widow's entitlement to waiver of court fees, the learned AGP, on instructions, placed on record the Government of Maharashtra notification dated 9th August, 2024 (No. Mudrank-2023/C.R.641/M-1(Policy)) issued under section 46 of the Maharashtra Court Fees Act (XXXVI of 1959), reducing the maximum limit of fees payable by widows on probate of a will or letters of administration with or without will annexed, specified in Article 10 of the First Schedule, from Rs. 75,000/- to Rs. 10,000/- in respect of obtaining Heirship Certificate. The Court accepted the AGP's clarification that the reduced fee applies to all widows in applications for probate, letters of administration, succession certificate and legal heirship certificate, recorded that nothing further remained, directed the registry to proceed accordingly, and observed that the reduction applies to all matters to which the notification pertains.

1 902-MPT-108-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 108 OF 2025

Subhadra Anant Kesarkar ...Petitioner

Rukmini Vithoba Khedekar ...Deceased

Mr. Onkar Gawade a/w Komal Gosavi for the Petitioner.

Ms. Jyoti Chavan, AGP, is present.

Mr. Sunil Jadhav, Section Officer, R & F Department Mantralaya, is present.

CORAM : ARIF S. DOCTOR, J. DATE : 09th APRIL, 2025

P.C. :

This Court had on 25th March, 2025 passed the following order:

“ P.C. :

Since, today there is no clarity whether the petitioner is entitled to waiver of court fees.

Stand over to 8th April 2025.”

In view of the requisition raised by the Testamentary Registrar,

Ms. Chavan, Learned AGP, on instructions, submits that the State Government has issued a notification dated 9th August, 2024, which reads thus:

1 of 2

Ajit

2 902-MPT-108-2025.doc

“Maharashtra Court Fees Act.

No. Mudrank-2023/C.R.641/M-1(Policy).- In exercise of the powers conferred by section 46 of the Maharashtra Court Fees Act (XXXVI of 1959), the Government of Maharashtra, hereby reduces the maximum limit of fees from Rs. 75,000/- to Rs. 10,000/-, payable by widows on probate of a will or letters of administration with or without will annexed, specified in Article 10 of the First Schedule appended to the said Act, to be filed in any Civil Court in respect of obtaining Heirship Certificate from the date of publication of this notification in the Official Gazette.”

In light of this, it is her submission that it should apply to all widows in cases for application for probate, letters of administration, succession certificate and legal heirship certificate irrespectively. With this clarification, nothing further remains.

The registry is directed to proceed accordingly.

Needless to state that this will apply to all the matters to which the

notification pertains.

(ARIF S. DOCTOR, J.)

2 of 2

Ajit