(1) Where too low a fee has been paid on any probate or letters of administration in consequence of any mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator, acting under such probate or letters, applies, to the Deputy Commissioner in the form set forth in Part II of Schedule III and pays within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, what is wanting to make up the fee which ought to have been paid at first on such probate or letters the Deputy Commissioner shall, if satisfied that a low fee was paid in the first instance in consequence of a mistake and without any intention of fraud or to delay the payment of the proper fee,1[cause the deficit fee to be recovered].
(2) If, in a case falling under sub-section (1) the executor or administrator does not, with in the six months referred to in that subsection, pay the deficit fee, he shall forfeit a sum equal to five times the deficit fee.
(3) If, on application being made under sub-section (1), the Deputy Commissioner is not satisfied that the application was made within six months of the discovery of the mistake or of further effects not included in the original valuation or that the payment of a low fee in the first instance was not due to a bona fide mistake, he shall2[cause the deficit fee to be recovered] together with a penalty not exceeding five times such fee.
(4) If, after the grant of probate or letters of administration of an estate, it is found by the Deputy Commissioner as a result of proceedings under section 56 or section 57 or otherwise, that a less fee has been paid than was payable according to the true value of the estate, he shall3[cause the deficit fee to be recovered], and if he is satisfied that the original undervaluation was not bona fide he shall levy in addition a penalty not exceeding five times the deficit fee.
(5) The Chief Controlling Revenue Authority may remit the whole or any part of the amount forfeited under sub-section (2) or of any penalty under sub-section (3) or sub-section (4).
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1. Substituted by Act No. 10 of 2003, w.e.f. for the words "cause the probate or letters to be duly stamped."
2. Substituted by Act No. 10 of 2003, w.e.f. 1-4-2003 for the words "cause the probate or letters to be duly stamped on payment of the deficit fee"
3. Substituted by Act No. 10 of 2003, w.e.f. 1-4-2003 for the words "cause the probate or letters to be properly stamped on payment of the deficit fee"