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the security that would have been required if the full value of the deceased's estate had been known when the grant was originally made.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

19F. Administrator to give proper security before letters stamped under section 19E.

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.

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.

Legal note: This page explains the central statutory provision for general information. Applicable court-fee requirements can vary by jurisdiction and by subsequent amendment.