JUDGMENT : A. Muhamed Mustaque, J. This original petition is necessitated on account of confusion entertained by the court below in the matter of issuing certified copy of probate. 2. The petitioner based on the order of grant of probate applied for issuance of a copy of the certificate of probate under the seal of court. However, the court did not issue certificate. The reason reflected in the report of the learned District Judge placed before this court is that court fees stamp papers are not useful for engrossing probate certificate. It was insisted by the court that probate certificate can be issued only after engrossing it on non-judicial stamp papers. 3. Indian Succession Act defines probate under section 2F as follows: "probate" means the copy of a Will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator; Section 289 of Indian Succession Act reads as follows : "Grant of probate to be under seal of Court : When it appears to the District Judge or District Delegate that probate of a Will should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI." In the light of above, court has to issue certificate of probate in the manner in which it is prescribed under schedule VI of the Indian Succession Act, 1925. 4. Kerala Court Fees and Suit Valuation Act, 1959 prescribes ad volerum fees as follows : Probate of a will or letters of administration with or without will annexed (i) When the amount or value of the estate in respect of which the grant of probate or letters is made does not exceed rupees ten million. One percentum on such amount or value (ii) When such amount or value exceeds rupees ten million Half a percentum on such amount or value This would show that court fees paid along with the application for probate, is for issuance of probate or letters of administration as prescribed in the manner under Schedule VI of Indian Succession Act. Therefore, the applicant will have to produce blank stamp papers along with application for engrossing probate or letters of administration to be issued based on order to be passed. Therefore, the applicant will have to produce blank stamp papers along with application for engrossing probate or letters of administration to be issued based on order to be passed. It is to be noted probate or letter of administration cannot be treated as an instrument as referable under section 2 (j) of Stamp Act 1959. Therefore, court cannot insist for production of non-judicial stamp papers. The probate or letter of administration is a certificate issued by court based on proof of Will. 5. The court will have to keep the original probate under its custody permanently. Under the Records of Destruction Rules framed by the High Court of Kerala, except final judgments or orders either in original or by appellate authority, the proved wills and probate certificate and letter of administration shall not be destroyed. This will have to be preserved permanently. [See Records Destruction Rules, Appendix C, Serial 4 (c) r/w note 7 appended therein]. Therefore, the court is bound to keep original probate in its custody along with the proved Will. The court will issue certified copy of the certificate. Considering the facts and circumstances, the following directions are issued : (1) The 6th Additional District Court, Ernakulam is directed to engross probate certificate in the court fees stamp produced along with the application. (2) Issue a certified copy in accordance with relevant rules without any delay. 6. The original petition is disposed of as above.