(1) In a suit for the administration of an estate, fee shall be levied on the paint at the rates specified in section 45.
(2) Where any amount or share or part of the assets of the estate is found due to the plaintiff, and the fee computed on the amount or the market value of such share or part of the assets exceed the fee paid on the plaint, no payment shall be made and no decree directing payment of money or confirming title to such share or part of the assets shall be passed until the difference between the fee actually paid and the fee computed on the amount or value of the property is paid.
(3) No payment shall be made, on decree directing payment of money or confirming title to any share or part of the assets of the estate shall be passed in favour of a defendant in a suit for administration, until the fee computed on the amount or value of such share or part of such assets is paid by such defendant.
(4) In computing the fee payable by a plaintiff or by a defendant under sub-section (2) or sub-section (3), credit shall be given for the fee if any, paid by such plaintiff or by such defendant in any other proceeding in respect of the claim on the basis of which such amount or share or part of the assets of the estate become due to such plaintiff or to such defendant.
(2) Where any amount or share or part of the assets of the estate is found due to the plaintiff, and the fee computed on the amount or the market value of such share or part of the assets exceed the fee paid on the plaint, no payment shall be made and no decree directing payment of money or confirming title to such share or part of the assets shall be passed until the difference between the fee actually paid and the fee computed on the amount or value of the property is paid.
(3) No payment shall be made, on decree directing payment of money or confirming title to any share or part of the assets of the estate shall be passed in favour of a defendant in a suit for administration, until the fee computed on the amount or value of such share or part of such assets is paid by such defendant.
(4) In computing the fee payable by a plaintiff or by a defendant under sub-section (2) or sub-section (3), credit shall be given for the fee if any, paid by such plaintiff or by such defendant in any other proceeding in respect of the claim on the basis of which such amount or share or part of the assets of the estate become due to such plaintiff or to such defendant.
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Section 1 · Short title, extent and commencementSection 2 · Application of ActSection 3 · DefinitionsSection 4 · Levy of fee in Courts and Public officesSection 5 · Fees on documents inadvertently receivedSection 6 · Multifarious suitsSection 7 · Determination of market valueSection 8 · Set off or counter claimIndia Code, Government of India. Text fetched 21 Oct 2026. Source metadata reports last modification: 2024-10-16. Check the linked official text and subsequent notifications when applying a provision.