The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday June 7 1915

19-I of the Court Fees Act provides that no order entitling the petitioner to grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court valuation of the property in the form set forth in the third schedule and the Court is satisfied that the fee mentioned in No. [...] III requires the applicant to furnish a valuation of the moveable and immoveable prperty of the deceased under certain heads and for the deduction as “not subject to duty” of the amount of debts due and owing from the deceased payable by law out of the estate the amount of funeral expenses of mortgage icumbrances and the value of “property held in trust not beneficially or with general pow [...] We not only agree with this decision but are further of opinion that the Full Bench was quite justified in treating the principle of Brindaban's case as governing the case before them although the law governing the relationship of the deceased and the applicant in the one case was the Daybhaga and in the other the Mitakshara. [...] As the law stands the decision of the Madras High Court marks the farthest limit to which the operation of sec. [...] Held that the existence of a custom to tranfer without the consent of the landlord did not justify the holder of the tenancy in sub-dividing it and.