(1) If, at any time after the grant of the probate or letters of administration of an estate, it is discovered that a higher fee has been paid than was payable according to the true value of the estate, the executor or the administrator, as the case may be, may apply for a refund to the Deputy Commissioner to whom a copy of the valuation of the estate was sent under sub-section (2) of section
52. The application shall be accompanied by an amended valuation in the form set forth in Part II of Schedule III together with the probate or letters of administration upon which a refund is sought.
(2) If the Deputy Commissioner is satisfied that the 1[amended valuation is correct, he shall refund the difference between the fee originally paid and that which should have been paid and endorse a Certificate accordingly on the probate or letters of administration]1:
Provided that, no refund shall be granted under this section unless the application for 32 refund is made within three years of the date of the grant of the probate or letters of administration, or within such further period as the Deputy Commissioner may allow.
If, by reason of any legal proceedings, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available and in consequence thereof, the executor or administrator is prevented from claiming the return of such difference within the said period of three years, the Deputy Commissioner may allow such further time for making the claim as may appear to him to be reasonable under the circumstances.
If the Deputy Commissioner does not grant a refund, the executor or administrator, as the case may be, may apply to the Chief Controlling Revenue Authority for an order of refund. An application for such refund should be accompanied by an amended valuation in the form set forth in Part II of Schedule III.
1. Substituted by Act 10 of 2003 w.e.f. 1.4.2003.