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Administrators-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.....

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Administrators-general Act, 1963 Section 9

Title: Right of Administrator-general to Apply for Administration of Estates

State: Central

Year: 1963

.....time after he has had notice of the death of such person, and of his having left such assets, take such proceedings as may be necessary to obtain from the High Court letters of administration of the estate of such person. (2) The Administrator-General shall not take proceedings under this section unless he is satisfied, that there is apprehension of misappropriation, deterioration or waste of such assets if such proceedings are not taken by him or that such proceedings are otherwise necessary 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.

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Administrators-general Act, 1963 Section 11

Title: Grant of Probate or Letters of Administration to Person Appearing in the Course of Proceedings Taken by Administrator-general

State: Central

Year: 1963

If, in the course of proceedings to obtain letters of administration under the provisions of Section 9 or Section 10, - (a) any person appears and establishes his claim- (i) to probate of the will of the deceased; or (ii) to letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law; or (b) any person satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925); or (c) the High Court is satisfied that there is no apprehension of misappropriation, deterioration, or waste of the assets and that the grant of letters of administration in such proceedings is not otherwise necessary for the protection of the assets; the High Court shall (1) in the case mentioned in clause (a), grant probate of the will or letters of administration accordingly; (2) in the case mentioned in clause (b) or clause (c), drop the proceedings; and (3) in all the cases award to the.....

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Administrators-general Act, 1963 Complete Act

Title: Administrators-general Act, 1963

State: Central

Year: 1963

.....years to be transferred to Government Section52 - Mode of proceeding by claimant to recover principal money so transferred Section53 - Succession Act or Companies Act not to affect Administrator-General Section54 - Savings of provisions of Police Acts for presidency-towns Section55 - Order of court to be equivalent to decree Section56 - Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject Section57 - Letters of administration not necessary in respect of small estates administered by Administrator-General in accordance with certain Acts Section58 - Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 Section59 - Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 Section60 - Saving of provisions of Indian Registration Act, 1908 Section61 - Power of Central Government to make rules Section62 - Power of State Government to make rules Section63 - Laying of rules made by Central Government before Parliament Section64 - Repeal.....

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Administrators-general Act, 1963 Section 12

Title: Grant of Administration to Administrator-general in Certain Cases

State: Central

Year: 1963

If, in the course of proceedings to obtain letters of administration under the provisions of Section 9or Section 10, and within such period as to the High Court seems reasonable, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next-of-kin of the deceased, or satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925), and the High Court is satisfied that there is apprehension of misappropriation, deterioration, or waste of the assets or that the grant of letters of administration in such proceedings is otherwise necessary for the protection of the assets; or if a person who has established his claim to a grant of letters of administration as next-of-kin of the deceased fails to give such security as may be required of him by law; the High Court may grant letters of administration to the Administrator-General.

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Administrative Tribunals Act, 1985 Complete Act

Title: Administrative Tribunals Act, 1985

State: Central

Year: 1985

.....be by majority Section27 - Execution of orders of a Tribunal Chapter 5 Section28 - Exclusion of jurisdiction of courts except the Supreme Court Section29 - Transfer of pending cases Section29A - Provisions for filing of certain appeals Section30 - Proceedings before a Tribunal to be judicial proceedings Section31 - Members and staff of Tribunal to be public servants Section32 - Protection of action taken in good faith Section33 - Act to have overriding effect Section34 - Power to remove difficulties Section35 - Power of the Central Government to make rules Section36 - Power of the appropriate Government to make rules Section36A - Power to make rules retrospectively Section37 - Laying of rules Amending Act1 - ADMINISTRATIVE TRIBUNALS (AMENDMENT) ACT, 2006

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Administrators-general Act, 1963 Section 16

Title: After Revocation Letters Granted to Administrator-general to Be Deemed, as to Him, to Have Been Voidable Only

State: Central

Year: 1963

If any letters of administration granted to the Administrator-General in accordance with the provisions of this Act are revoked, the same shall, so far as regards the Administrator-General and all persons acting under his authority in pursuance thereof, be deemed to have been only voidable, except as to any act done by any such Administrator-General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void: PROVIDED that no notice of a will or of any other fact which would render any such letters void shall affect the Administrator-General or any person acting under his authority in pursuance of such letters unless, within the period of one month from the time of giving such notice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without unreasonable delay.

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Administrators-general Act, 1963 Section 10

Title: Power of Administrator-general to Collect and Hold Assets Where Immediate Action is Required

State: Central

Year: 1963

.....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 recovery of such assets; (b) if he thinks fit, to apply for letters of administration of the estate of such deceased person; (c) to retain out of the assets of the estate any fees chargeable under rules made under this Act; and (d) to reimburse himself for all payments made by him to respect of such assets which a private administrator might lawfully have made. ____________________________ 1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999.

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Administrators-general Act, 1963 Section 15

Title: Cost of Obtaining Administration, Etc., May, on Revocation, Be Ordered to Be Paid to Administrator-general out of Estate

State: Central

Year: 1963

If any letters of administration granted to the Administrator-General in accordance with the provisions of this Act are revoked, the High Court may order the costs of obtaining such letters of administration, and the whole or any part of any fees which would otherwise have been payable under this Act, together with the costs of the Administrator-General in any proceedings taken to obtain such revocation, to be paid to or retained by the Administrator-General out of the estate: PROVIDED that nothing in this section shall affect the provisions of clauses (c) and (d) of sub-section (2) of Section 10.

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Administrators-general Act, 1963 Section 37

Title: Transfer of Certain Assets to Executor or Administrator in Country of Domicile for Distribution

State: Central

Year: 1963

Where-- (a) a person not having his domicile in any State in India has died leaving assets in any State and in the country in which he had his domicile at the time of his death, and (b) proceedings for the administration of his estate with respect to assets in any such State have been taken under Section 29 or Section 30, and (c) there has been a grant of administration in the country of domicile, with respect to the assets in that country, the holder of the certificate granted under Section 29 or Section 30, or general-General, as the case may be, after having given the prescribed notice for creditors and others to send in to him their claims against the estate of the deceased, and after having discharged, at the expiration of the time there in named, such lawful claims as he has notice of, may, instead of himself distributing any surplus or residue of the deceased's property to persons residing out of India who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons.

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