Section 56 in Karnataka Court-Fees and Suits Valuation Act, 1958
56. Inquiry by the Deputy Commissioner.
(1)The Deputy Commissioner to whom a copy of the application and of the valuation has been sent under sub-section (2) of section 52, shall examine the same and may make or cause to be made by any officer subordinate to him such inquiry, if any, as he thinks fit as to the correctness of the valuation or, where a part only of the property is situated in his district, of the valuation of that part, and may require the Deputy Commissioner of any other district in which any par t of the property is situated to furnish him with the correct valuation thereof.(2)Any Deputy Commissioner required under sub-section (1) to furnish the correct valuation of any property shall comply with the requisition after making or causing to be made by any officer subordinate to him such inquiry, if any, as he thinks fit.(3)If the Deputy Commissioner is of opinion that the applicant has underestimated the value of the property of the deceased, he may if he thinks fit, require the attendance of the applicant, either in person or by his agent, and take evidence and inquire into the matter in such manner as he may think fit, and if he is still of opinion that the value of the property has been underestimated, may require the applicant to amend the valuation, and, if the application for probate or letters of administration is pending in court, to file a copy of the amended valuation in such court.(4)If, in any such case, the probate or letters of administration has or have been granted and the applicant amends the valuation to the satisfaction of the Deputy Commissioner and the Deputy Commissioner finds that a less fee has been paid than was payable according to the true value of the estate, he shall proceed under subsection (4) of section 58; but if a higher fee has been paid than was payable according to the true value of the estate, the excess fee shall be refunded to the applicant.(5)If the applicant does not amend the valuation to the satisfaction of the Deputy Commissioner, the Deputy Commissioner may move the court before which the application for probate or letters of administration was made to hold an inquiry into the t rue value of the property:Provided that no such motion shall be made after the expiration of six months [from the date on which the Deputy Commissioner is informed by the Court of the exhibition of the inventory] [Substituted by Act No. 10 of 2003, w.e.f. 1.4.2003.] required by section 317 of the Indian Succession Act, 1925 (Central Act XXXIX of 1925).
