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The PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D.)

161 sections · 0 chapters

Section 1 Short title, extent and commencement.
Section 2 Application.
Section 3 Interpretation clause.
Section 4 Character and property of executor or administrator as such
Section 5 Administration with copy annexed of authenticated copy of will proved abroad.
Section 6 Probate only to appointed executor.
Section 7 Appointment, express or implied.
Section 8 Persons to whom probate cannot be granted
Section 9 Grant of probate to several executors simultaneously or at different times.
Section 10 Separate probate of codicil discovered after grant of probate. Procedure when different executors appointed by codicil.
Section 11 Accrual of representation to surviving executor.
Section 12 Effect of probate.
Section 13 To whom administration may not be granted.
Section 14 Effect of letters of administration.
Section 15 Acts not validated by administration.
Section 16 Grant of administration where executor has not renounced. Exception.
Section 17 Form and effect of renunciation of executorship.
Section 18 Procedure where executor renounces or fails to accept within time limited.
Section 19 Grant of administration to universal or residuary legatee.
Section 20 Right to administration of representative of deceased residuary legatee.
Section 21 Grant of administration where no executor, nor residuary legatee, nor representative of such legatee.
Section 22 Citation before grant of administration to legatee other than universal or residuary.
Section 23 To whom administration may be granted.
Section 24 Probate of copy or draft of lost will.
Section 25 Probate of contents of lost or destroyed will.
Section 26 Probate of copy where original exists.
Section 27 Administration until will produced.
Section 28 Administration with will annexed to attorney of absent executor.
Section 29 Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.
Section 30 Administration to attorney of absent person entitled to administer, in case of intestacy.
Section 31 Administration during minority of sole executor or residuary legatee
Section 32 Administration during minority of several executors or residuary legatees.
Section 33 Administration for use and benefit of lunatic.
Section 34 Administration pendent lite.
Section 35 Probate limited to purpose specified in will.
Section 36 Administration with will annexed limited to particular purpose
Section 37 Administration limited to trust property
Section 38 Administration limited to suit.
Section 39 Administration limited to purpose of becoming party to suit to be brought against executor or administrator.
Section 40 Administration limited to collection and preservation of deceased’s property
Section 41 Appointment, as administrator, of person other than one who under ordinary circumstances would be entitled to administration.
Section 42 Probate or administration with will annexed subject to exception.
Section 43 Administration with exception.
Section 44 Probate or administration of rest.
Section 45 Grant of effects unadministered.
Section 46 Rules as to grants of effects unadministered.
Section 47 Administration when limited grant expired and still some part of estate unadministered.
Section 48 What errors may be rectified by Court.
Section 49 Procedure where codicil discovered after grant of administration with will annexed.
Section 50 Revocation or annulment for just cause
Section 51 Jurisdiction of District Judge in granting and revoking probates, etc.
Section 52 Power to appoint Delegate of District Judge to deal with non-contentious cases.
Section 53 District Judges powers as to grant of probate and administration.
Section 54 District Judge may order person to produce testamentary papers.
Section 55 Proceedings of District Judges Court in relation to probate and administration.
Section 56 When probate or administration may be granted by District Judge.
Section 57 Disposal of application made to Judge of District in which deceased had no fixed abode.
Section 58 Probate and letters of administration may be granted by Delegate.
Section 59 Conclusiveness of probate or letters of administration. Effect of unlimited probates, etc., granted by certain Courts.
Section 60 Transmission to High Court of certificate of grants under proviso to section 59.
Section 61 Conclusiveness of application for probate or administration, if properly made and verified.
Section 62 Petition for probate.
Section 63 In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.
Section 64 Petition for letters of administration.
Section 65 Additional statements in petition for probate, etc.
Section 66 Petition for probate or administration to be signed and verified.
Section 67 Verification of petition for probate by one witness to will.
Section 68 Punishment for false averment in petition or declaration.
Section 69 District Judge may examine petitioner in person, require further evidence, and issue citations to inspect proceedings.
Section 70 Caveats against grant of probate or administration.
Section 71 Form of caveat.
Section 72 After entry of caveat, no proceeding taken on petition until after notice to caveator.
Section 73 District Delegate when not to grant probate or administration.
Section 74 Power to transmit statement to District Judge in doubtful cases where no contention.
Section 75 Procedure where there is contention or District Delegate thinks probate or letters of administration should be refused in his Court.
Section 76 Grant of probate to be under seal of Court. Form of such grant
Section 77 Grant of letters of administration to be under seal of Court. Form of such grant.
Section 78 Administration-bond
Section 79 Assignment of administration bond.
Section 80 Time before which probate or administration shall not be granted.
Section 81 Filing of originals wills of which probate or administration with will annexed granted.
Section 82 Grantee of probate or administration alone to sue, etc., until same revoked.
Section 83 Procedure in contentious cases.
Section 84 Payment to executor or administrator before probate or administration revoked. Right of such executor or administrator to recoup himself.
Section 85 Power to refuse letters of administration.
Section 86 Appeals from orders of District Judge.
Section 87 Concurrent jurisdiction of High Court.
Section 87A Removal of executor or administrator and provision for successor.
Section 87B Directions to executor or administrator
Section 88 In respect of causes of action surviving deceased, and debts due at death.
Section 89 Demands and rights of suit of or against deceased survive to and against executor or administrator.
Section 90 Power of executor or administrator to dispose of property.
Section 90A General powers of administration.
Section 91 Purchase by executor or administrator of deceased’s property.
Section 92 Powers of several executors or administrators exercisable by one.
Section 93 Survival of powers on death of one of several executors or administrators.
Section 94 Powers of administrator of effects unadministered.
Section 95 Powers of administrator during minority.
Section 96 Powers of married executrix or administratrix.
Section 97 As to deceased funeral ceremonies.
Section 98 Inventory and account.
Section 99 Inventory to include property in any part of the State.
Section 100 As to property of, and debts owing to, deceased.
Section 101 Expenses to be paid before all debts.
Section 102 Expenses to be paid next after such expenses.
Section 103 Wages for certain services to be next paid, and then other debts.
Section 104 Save as aforesaid, all debts to be paid equally and rateably.
Section 105 Debts to be paid before legacies.
Section 106 Executor or administrator not bound to pay legacies without indemnity.
Section 107 Abatement of general legacies. Executor not to pay one legatee in preference to another.
Section 108 Not-abatement of specific legacy when assets sufficient to pay debts.
Section 109 Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
Section 110 Rateable abatement of specific legacies.
Section 111 Legacies treated as general for purpose of abatement.
Section 112 Assent necessary to complete legatee’s title.
Section 113 Effect of executors assent to specific legacy. Nature of assent.
Section 114 Conditional assent.
Section 115 Assent of executor to his own legacy. Implied assent.
Section 116 Effect of executors assent.
Section 117 Executor when to deliver legacies.
Section 118 Commencement of annuity when no time fixed by will.
Section 119 When annuity, to be paid quarterly or monthly, first falls due.
Section 120 Date of successive payments when first payment directed to be made within given time, or on day certain. Apportionment where annuitant dies between times of payment.
Section 121 Investment of sum bequeathed where legacy, not specific, given for life.
Section 122 Investment of general legacy, to be paid at future time. Intermediate interest.
Section 123 Procedure when no fund charged with, or appropriated to, annuity.
Section 124 Transfer to residuary legatee of contingent bequest.
Section 125 Investment of residue bequeathed for life, with direction to invest in specified securities.
Section 126 Time and manner of conversion and investment. Interest payable until investment.
Section 127 Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf.
Section 128 Legatees title to produce of specific legacy.
Section 129 Residuary legatee’s title to produce of residuary fund.
Section 130 Interest when no time fixed for payment of general legacy.
Section 131 Interest when time fixed.
Section 132 Rate of interest.
Section 133 No interest on arrears of annuity within first year after testators death.
Section 134 Interest on sum to be invested to produce annuity.
Section 135 Refund of legacy paid under Judges orders.
Section 136 No refund if paid voluntarily.
Section 137 Refund when legacy becomes due on performance of condition within further time allowed.
Section 138 When each legatee compellable to refund in proportion.
Section 139 Distribution of assets. Creditor may follow assets.
Section 140 Creditor may call upon legatee to refund.
Section 141 When legatee, not satisfied or compelled to refund under section 140, cannot oblige one paid in full to refund.
Section 142 When unsatisfied legatee must first proceed against executor, if solvent.
Section 143 Limit to refunding of one legatee to another.
Section 144 Refunding to be without interest.
Section 145 Residue after usual payments to be paid to residuary legatee.
Section 145-A Transfer of assets from the State to executor or administrator in country of domicile for distribution.
Section 146 Liability of executor or administrator for devastation.
Section 147 Liability for neglect to get in any part of property.
Section 148 Provisions applied to administrator with will annexed.
Section 149 Saving-clause.
Section 150 Probate and administration, in case Hindu, Mohammedan or Buddhist, to be granted only under this Act.
Section 151 Omitted.
Section 152 Omitted.
Section 153 Omitted.
Section 154 Omitted.
Section 155 Omitted.
Section 156 Omitted.
Section 157 Surrender of revoked probate or letters of administration.

The PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D.)

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Section 1

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Section 1 of The PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D.)

(1)This Act may be called the Probate and Administration Act, 1977.
(2)It extends to the 1[whole of the Union territory of Jammu and Kashmir]. It shall come into force on the 1st day of Baisakh, 1978.

AI notes for this section are being prepared — this page will update on its own once they’re ready.

2NextSection 2 Application.