(1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-Fees Act, 1870 (7 of 1870), in respect of the certificate or extension applied for.
(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid.
(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it.
Legal Commentary & Landmark Judgments: Section 379
Section 379 regulates the collection of ad valorem court fees on succession certificates, requiring deposit of fees before the certificate is signed and providing for refunds if the application fails.
Under sub-section (2), if the application is granted, the court applies the deposited sum to purchase the requisite judicial stamp paper upon which the certificate is engrossed. Crucially, under sub-section (3), if the application is rejected, refused, or dismissed, the entire deposited amount must be refunded to the applicant, protecting unsuccessful claimants from fiscal forfeiture.
Section 379 provides a vital financial safeguard. In high-value estates with crores in bank deposits, the ad valorem court fee is substantial. Under Section 379(3), if the petition is dismissed or withdrawn, the applicant is legally entitled to a complete refund of the deposited court fees from the court treasury.