Section 19F of the Court Fees Act, 1870: Administrator to Give Proper Security Before Letters Are Stamped
Section 19F deals with letters of administration where the court-fee originally paid was too low. Before the letters can be duly stamped under the mechanism in Section 19E, the administrator must provide the security that would have been required if the full value of the deceased's estate had been known when the grant was originally made.
What is Section 19F of the Court Fees Act?
Section 19F is part of the provisions dealing with probate and letters of administration. It supplements Section 19E, which addresses cases in which too little court-fee was initially paid on a probate or letters of administration.
Text of Section 19F
In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.
Section 19F was inserted by Act 13 of 1875, section 6.
Meaning and legal effect
The provision creates a condition that must be satisfied before under-stamped letters of administration are duly stamped. Where the true value of the estate would have required greater security at the time of the original grant, the administrator must furnish that security to the court that granted the letters.
- Underpayment must concern letters of administration: Section 19F specifically addresses letters of administration on which too low a court-fee was initially paid.
- Security comes before re-stamping: the authority is not to cause the letters to be duly stamped until the required security has been given.
- The relevant court is the granting court: security is furnished to the court that granted the letters of administration.
- Security reflects the true estate value: the required security is the security that ought to have been furnished had the full value of the deceased's estate been known when the grant was made.
Relationship between Sections 19E and 19F
Section 19E provides the mechanism for dealing with a probate or letters of administration on which insufficient court-fee was initially paid. Section 19F adds a specific safeguard for letters of administration: proper security must be furnished before the letters are duly stamped.
What does "security" mean in this provision?
In this context, "security" means the security required by law from the administrator in connection with the grant of letters of administration. Section 19F does not independently prescribe a fixed amount or form of security. Instead, it refers to the security that ought to have been given if the full estate value had been ascertained when the letters were granted.
Official text and verification
For the current central text of the enactment, see the Court-Fees Act, 1870 on India Code. Court-fee legislation may also be affected by State amendments or State-specific court-fee laws, so the law applicable in the relevant State or Union Territory should be checked before relying on the provision.