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Judgment
The learned District Judge has overlooked that Kashinath Prashram v. Gourava Bai [1915] 39 Bom. 248 has been overruled by Keshavlal Punjalall v. The Collector of Ahmedabad A. I. R. 1924 Bom 228 We think, we must follow the principle laid down in the matter of Desu Manavala Chetty [1910] 33 Mad. 93 and hold that petitioner is only bound to pay stamp duty for probate on the amount of the right, title and interest of the testator in the property bequeathed and so far as ancestral property is concerned that would be 1/4 of the ancestral estate. If, of course, there is other separate non-ancestral property, separate fee will have to be paid on that. There will be no order as to costs. The papers are returned to the lower Court for disposal.