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CHAPTER III PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

Section 22: Relief when debts due from a deceased person have been paid out of his estate

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amounts or value of the estate reduces the same, to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act,

such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters of administration.

But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and; made available, and in consequence, thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.

Practise questions on Gujarat Local Laws