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State of Tamilnadu - Section

Section 39 in Tamil Nadu Court-Fees and Suits Valuation Act, 1955

39. Administration suits.

- [(1) In a suit for the administration of an estate, fee shall be levied on the plaint at the following rates:-
(i) In a District Munsif's Court or the City CivilCourt, Chennai or a Sub-Court or a District Court. Rupees one hundred if the value of the subjectmatter is rupees five hundred if it is above rupees thirtythousand but below rupees one lakh; and rupees seven hundred andfifty if it is rupees one lakh and above.
(ii) In the High Court Rupees one thousand].
[Substituted by the Tamil Nadu Court-fees and Suits Valuation (Amendment) Act, 2003 (Tamil Nadu Act 17 of 2003) with effect from 15th June 2003]
(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 exceeds 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, no 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 subsection (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 becomes due to such plaintiff or to such defendant.