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Start Free TrialAdministrators-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.....
View Complete Act List Judgments citing this sectionAdministrators-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.
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 20
Title: Effect of Probate or Letters Granted to Administrator-general
State: Central
Year: 1963
(1) Probate or letters of administration granted by the High Court to the Administrator-General of any State shall have effect over all the assets of the deceased throughout India and shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts and all persons delivering up such assets to such Administrator-General. (2) Whenever a grant of probate or letters of administration is made by a High Court to the Administrator-General, the High Court shall send to the High Courts for the other States a certificate that such grant has been made, and such certificate shall be filed by the High Court receiving the same. (3) Any probate or letters of administration granted by the High Court for the State of Jammu and Kashmir before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 shall, after such commencement, be as effective as if such probate or letters of administration had been granted under this section.
View Complete Act List Judgments citing this sectionAdministrators-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.
View Complete Act List Judgments citing this sectionAdministrators-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.
View Complete Act List Judgments citing this sectionADMINISTRATORS-GENERAL ACT, 1963 Section 18
Title: Administrator-General's petition for grant of letters of administration
State: Central
Year: 1963
Whenever any Administrator-General applies for letters of administration in accordance with the provisions of this Act, it shall be sufficient if the petition required to be presented for the grant of such letters states, - (i) the time and place of the death of the deceased to the best of the knowledge and belief of the petitioner; (ii) the names and addresses of the surviving next-of-kin of the deceased, if known; (iii) the particulars and value of the assets likely to come into the hands of the petitioner; (iv) particulars of the liabilities of the estate, if known.
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 57
Title: Letters of Administration Not Necessary in Respect of Small Estates Administered by Administrator-general in Accordance with Certain Acts
State: Central
Year: 1963
It shall not be necessary for the Administrator-General to take out letters of administration of the estate of any deceased person which is being administered by him in accordance with the provisions of the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957), if the value of such estate does not, on the date when such administration is committed to him, exceed rupees two thousand, but he shall have the same power in regard to such estate as he would have had if letters of administration had been granted to him.
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 58
Title: 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
State: Central
Year: 1963
If the Administrator-General applies in accordance with the provisions of the Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957), for letters of administration of the estate of any person subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of 1950), or the Navy Act, 1957-, the court may grant to him letters of administration limited to the purpose of dealing with such estate in accordance with the provisions of the Army and Air Force (Disposal or Private Property) Act, 1950, or, as the case may be, the Navy Act, 1957.
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 7
Title: Administrator-general Entitled to Letters of Administration, Unless Granted to Next-of-kin
State: Central
Year: 1963
Any letters of administration granted by the High Court shall be granted to the Administrator-General of the State unless they are granted to the next-of-kin of the deceased.
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 19
Title: Name in Which Probate or Letters to Be Granted
State: Central
Year: 1963
All probates or letters of administration granted to any Administrator-General shall be granted to him by that name.
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