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Stamp duty for act 39 succession westbengal


07-Aug-2023 (In Civil Law)
I was entiteld for succession certificate under hindu succession act 39 from city civil court west bengal against 42000 stamp duty at year 2010. On 2015 i have filed pitition for the extension for the same certificate as i forgot to include some share certificates of my father to the same court. Now court asses again 50000 stamp duty. I am confuse as the max stamp duty applicable to obtain succession certificate is 50000 in west bengal , would i have to pay 50000 again or balance amount that is 8000.
Answers (1)

Answer #1
559 votes
the Court could not have collected and, in fact, cannot collect more than
the maximum court-fees under Court-fees Act, 1970. In view of the fact that
maximum court-fees of Rs.50,000/- have been deposited, the Court could not
have directed the petitioner to deposit further court-fees over and above
Rs.50,000/-.

2) you would be liable to pay only balance Rs 8000

3) in case your father died intestate you have to apply for letters of administration for immovable property

4) succession certificate is only for movable debts and securities

if you think that the said Rs.50,000/- is also excess amount fixed by the Court, you can just file a petition for its reassessment showing ground for your claim for fixing lesser stamp duty which is based on the value of the property under succession

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