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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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Indian 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.....

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Administrators-general Act, 1963 Section 8

Title: Administrator-general, Entitled to Letters of Administration in Preference to Creditors, Certain Legatees or Friends

State: Central

Year: 1963

The Administrator-General of the State shall be deemed by all the court sin the State to have a right to letters of administration other than letters pendente lite in preference to that of- (a) a creditor; or (b) a legatee, other than a universal legatee or a residuary legatee or the representative of a residuary legatee; or (c) a friend of the deceased.

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Indian Succession Act, 1925 Section 247

Title: Administration, Pendente Lite

State: Central

Year: 1925

Pending any suit touching the validity of the Will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction.

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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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Administrative Tribunals Act, 1985 Section 4

Title: Establishment of Administrative Tribunals

State: Central

Year: 1985

.....be deemed necessary or expedient for giving effect to the agreement. 2 [(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,- (a) with the concurrence of any State Government; designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative.....

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Administrators-general Act, 1963 Chapter II

Title: The Office of the Administrator-general

State: Central

Year: 1963

.....shall, subject to the control of the State Government and the general or special orders of general-General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator-General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator-General. (2) No person shall be appointed as a Deputy under this section unless he has been for at least three years-- (a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State. Section 5 - Incorporation The Administrator-General shall be a corporation sole by the name of Administrator-General of the State for which he is appointed, and, as such Administrator-General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.

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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 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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Administrators-general Act, 1963 Section 22

Title: Transfer by Private Executor or Administrator of Interest Under Probate or Letters

State: Central

Year: 1963

(1) Any private executor or administrator may, with the previous consent of the Administrator-General of the State in which any of the assets of the estate, in respect of which such executor or administrator has obtained probate or letters of administration, are situate by an instrument in writing under his hand notified in the Official Gazette, transfer the assets of the estate, vested in him by virtue of such probate or letters to the Administrator-General by that name or any other sufficient description. (2) As from the date of such transfer, the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts done before the date of such transfer, and the Administrator-General shall have the rights which he would have had, and be subject to the liabilities to which he would have been subject, if the probate or letters of administration, as the case may be, had been granted to him by that name at the date of such transfer.

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