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Start Free TrialAdministrators-general Act, 1963 Chapter III
Title: Rights, Powers and Duties of the Administrator-general
State: Central
Year: 1963
.....for the protection of the assets. ____________________________ 1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999. Section 10 - Power of Administrator-General to collect and hold assets where immediate action is required (1) Whenever any person has died leaving assets within any State exceeding rupees 1[two lakhs] in value, and the High Court for that State is satisfied that there is imminent danger of misappropriation, deterioration or waste of such assets, requiring immediate action, the High Court may, upon the application of the Administrator-General or of any person interested in such assets or in the due administration thereof, forthwith direct the Administrator-General (a) to collect and take possession of such assets, and (b) to hold, deposit, realise, sell or invest the same according to the directions of the High Court, and, in default of any such directions, according to the provisions of this Act so far as the same are applicable to such assets. (2) Any order of the High Court under sub-section (1) shall entitle the Administrator-General (a) to maintain any suit or proceeding for the.....
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 26
Title: No Security to Be Required from Administrator-general
State: Central
Year: 1963
No Administrator-General shall be required by any Court to enter into any administration bond, or to give other security to the Court, on the grant of any letters of administration to him by that name.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 9
Title: Probate, Letters of Administration and Administration of Assets of Deceased
State: Central
Year: 1925
..... (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind. INDIAN SUCCESSION ACT, 1925Chapter 4 - OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION Section 264 - Jurisdiction of District Judge in granting and revoking probates, etc. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay,1[***] shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. ______________________ 1. The words "and the province of Burma" omitted by the A.O. 1937. Section 264 - Jurisdiction of District Judge in granting and revoking probates, etc. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 4
Title: Of the Practice in Granting and Revoking Probates and Letters of Administration
State: Central
Year: 1925
.....the A.O. 1948, for "thewhole of British India". 2. The words "of India" omitted by the A.O.1950. 3. Inserted by A.O. 1937. 4. Substituted by Act 3 of 1951,section 3 andSchedule, for "the States". 5. 1st April, 1937. 6. Added by the A. O. 1948. 7. The words "of India" omitted by Act 42of 1953, section 4 and Schedule III. 8. 15th August, 1947. Section 273 - Conclusiveness of probate or letters of administration Probate or letters of administration shall have effect overall the property and estate, moveable or immoveable, of the deceased,throughout the State in which the same is or are granted, and shall beconclusive as to the representative title against all debtors of the deceased,and all persons holding property which belongs to him, and shall afford fullindemnity to all debtors, paying their debts and all persons delivering up suchproperty to the person to whom such probate or letters of administration havebeen granted: Provided that probates and letters of administrationgranted- (a) by a High Court, or (b) by a District Judge, where the deceased at the time ofhis death had a fixed place of abode situate within the jurisdiction of suchJudge, and such.....
View Complete Act List Judgments citing this sectionAdministrators General Act, 1963 Complete Act
State: Central
Year: 1963
..... No Administrator-General shall be required to verify, otherwise than by his signature, any petition presented by him under the provisions of this Act, and, if the facts stated in any such petition are not within his own personal knowledge, the petition may be subscribed and verified by any person competent to make verification. SECTION 28: ENTRY OF ADMINISTRATOR GENERAL NOT TO CONSTITUTE NOTICE OF A TRUST The entry of the Administrator-General by that name in the books of a company shall not constitute notice of a trust, and a company shall not be entitled to object to entering the name of the Administrator-General on its register by reason only that the Administrator-General is a corporation, and in dealing with assets the fact that the person dealt with is the Administrator-General shall not of itself constitute notice of a trust. CHAPTER 04: GRANT OF CERTIFICATE SECTION 29: IN WHAT CASES ADMINISTRATOR GENERAL MAY GRANT CERTIFICATE (1) Whenever any person has died leaving assets within any State and the Administrator-General of such State is satisfied that such assets, excluding any sum of money deposited in a Government Savings Bank or in any provident fund to.....
List Judgments citing this sectionIndian Succession Act, 1925 Section 291
Title: Administration Bond
State: Central
Year: 1925
(1) Every person to whom any grant of letters of administration, other than a grant under section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct. (2) When the deceased was Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person (a) the exception made by sub-section (1) in respect of a grant under section 241 shall not operate; (b) the District Judge may demand a like bond from any person to whom probate is granted.
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 35
Title: Suit Against Guardian Where Administration-bond Was Taken
State: Central
Year: 1890
Where a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Court may on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 292
Title: Assignment of Administration-bond
State: Central
Year: 1925
The Court may, on application made by petition and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit, assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on the said bond in his or their own name or names as if the same had been originally given to him or them instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all person interested, the full amount recoverable in respect of any breach thereof.
View Complete Act List Judgments citing this sectionBonded Labour System Abolition Act, 1976 Chapter III
Title: Extinguishment of Liability to Repay Bonded Debt
State: Central
Year: 1976
.....of being heard, direct the creditor to restore to the applicant the possession of the concerned property within such time as may be specified in the order. (7) An order made by any prescribed authority, under sub-section (6), shall be deemed to be an order made by a civil court and may be executed by the court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction the creditor voluntarily resides or carries on business or personally works for gain. (8) For the avoidance of doubts, it is hereby declared that, where any attached property was sold before the commencement of this Act, in execution of a decree or order for the recovery of a bonded debt, such sale shall not be affected by any provision of this Act: Provided that the bonded labour, or an agent authorised by him in this behalf, may, at any time within five years from such commencement, apply to have the sale set aside on his depositing in court for payment to the decree-holder, the amount specified in the proclamation of sale, for the recovery of which the sale was ordered, less any amount, as well as mesne profits, which may, since the date of such proclamation of sale, have been.....
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 36
Title: Suit Against Guardian Where Administration-bond Was Not Taken
State: Central
Year: 1890
(1) Where a guardian appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the Court, may, as next friend, at anytime during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his representative, for an account of what the guardian has received in respect of the property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be. (2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the Code of Civil Procedure as amended by this Act, 1882 (14 of 1882)1. ________________________ 1. Now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
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