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Start Free TrialIndian 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 sectionNavy Act, 1957 Chapter XIX
Title: Disposal of the Private Property of Persons Deceased, Missing, Etc
State: Central
Year: 1957
.....constituted in this behalf in the prescribed manner; and (ii) the surplus, if any, after the payment of debts and expenses specified in sub-section (3) of section 171 shall be paid to the person prescribed in this behalf. Section 173 - Decision of questions as to ship and service debts and other debts in ship or quarters If in any case a doubt or difference arises as to what are the ship or service debts and the debts in ship or quarters of a deceased officer or1[sailor] or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes. _____________________________ 1. Substituted for the word "seamen" by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 2 (16-12-74). Section 174 - Nature of the powers of commanding officer or Committee of Adjustment For the purpose of the exercise of his or its duties under section 171 or 172, as the case may be, the commanding officer or the Committee of Adjustment, as the case may be, shall, to the exclusion of all other persons and authorities have the same rights and powers as if the commanding officer or the Committee had taken out.....
View Complete Act List Judgments citing this sectionArmy and Air Force (Disposal of Private Property) Act, 1950 Section 3
Title: Property of Deceased Persons and Deserters Other Than Officers
State: Central
Year: 1950
.....banking company, society or other institution in respect of such money. (4) Where the representative of a deceased has given security to the satisfaction of the commanding officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral expenses of the deceased in cases where no provision for the payment of such expenses has been made otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, the commanding officer shall deliver over the property received by him under sub-section (1) and (2) to that representative, whereupon his responsibility for the administration of the estate of the deceased shall cease. (5) In the case of a deceased whose estate has not been dealt with under sub-section (4), or under section 10, and in the case of a deserter, the commanding officer, -- (i) if in any case it is necessary in his opinion so to do for the purpose of securing the payment of the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the.....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 171
Title: Disposal of Property of Deceased Sailors
State: Central
Year: 1957
.....in ship or quarters the entire property of the deceased, shall be delivered over by the commanding officer to the representative of the deceased, whereupon his responsibility for the administration of the estate of the deceased shall cease. (7) If no claim is made in respect of the said surplus by a representative of the deceased within twelve months of the death, the commanding officer shall take steps to hand over the property to the prescribed person who shall continue the administration of the estate of the deceased as provided for in section 176. ________________________ 1. Substituted for the word "seamen" by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 2 (16-12-74).
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 8
Title: Representative Title to Property of Deceased on Succession
State: Central
Year: 1925
.....outside those limits, in so far as they relate to immoveable property situated within those limits. ______________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the State". 2. Substituted by Act 16 of 1962, section 4, for Sub-section (2). 3. Inserted by Act 26 of 2002, section 3. 4. Substituted by Act 52 of 1964, section 3 and Schedule II., for "ordinary civil jurisdiction". Section 213 - Right as executor or legatee when established (1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in 1 [India] has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed. 2 [(2) This section shall not apply in the case of Wills made by Muhammadans 3 [or Indian Christians], and shall only apply- (i) in the case of Wills made by any Hindu, Buddhist, Sikh or Jaina where such Wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of Wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act,.....
View Complete Act List Judgments citing this sectionEstate Duty Act, 1953 [Repealed] Section 16
Title: Annuity or Other Interest Purchased or Provided out of Property Derived from the Deceased
State: Central
Year: 1953
.....time entitled to or amongst whose resources there was at any time included, any property derived from the deceased, or, if it is proved to the satisfaction of the Controller that the application of all the property derived from the deceased would have been insufficient to provide the whole of that annuity or other interest, as if a similar annuity or interest of an amount reduced to an extent proportionate to the insufficiency proved had been provided by the deceased. Provided that for the purpose of determining whether there would have been any such insufficiency as aforesaid, and the extent thereof, there shall be excluded from the property derived from the deceased any part thereof as to which it is proved to the satisfaction of the Controller that the disposition of which it, or the property which it represented, was the subject-matter, was not made with reference to, or with a view to enabling or facilitating, the purchase or provision of the annuity or other interest, or the recoupment in any manner of the cost thereof. (2) In this section the following expressions have the meanings hereby assigned to them respectively, namely .- (a) "Property derived from the.....
View Complete Act List Judgments citing this sectionEstate Duty Act, 1953 [Repealed] Section 22
Title: Property Held by the Deceased as Trustee
State: Central
Year: 1953
Property passing on the death of the deceased shall not be deemed to include property held by the deceased as trustee for another person under the disposition not made by the deceased or under a disposition made by the deceased where (whether by virtue of the original disposition or of a subsequent surrender of any benefit originally reserved to the deceased or otherwise possession any enjoyment of the property was bona fide assumed by the beneficiary at least two years before the death and thenceforward retained by him to the entire exclusion of the deceased or of any benefit to the deceased by contract or otherwise; Provided that in the case of property held by the deceased as sole trustee for another person under a disposition made by himself, the period shall be five years.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 219
Title: Where Deceased is Not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or Exempted Person
State: Central
Year: 1925
.....surviving his wife has the same right of administration of her estateas the widow has in respect of the estate of her husband. (f) Whenthere is no person connected with the deceased by marriage or consanguinitywho is entitled to letters of administration and Willing to act, they may begranted to a creditor. (g)Wherethe deceased has left property in 1 [India], letters ofadministration shall be granted according to the foregoing rules,notwithstanding that he had his domicile in a country inwhich the law relating to estate and intestate succession differs from the lawof 1 [India]. ______________________ 1. Substituted by Act 3 of 1951,section3 and schedule, for "theState".
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 7
Title: Protection of Property of Deceased
State: Central
Year: 1925
.....receive remuneration (1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (2) All surplus money realized by the curator shall be paid into Court, and invested in public securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable dispatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office. Section 199 - Report from Collector where estate includes revenue-paying land (1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the.....
View Complete Act List Judgments citing this sectionGovernment Securities Act, 2006 Section 7
Title: Recognition of Title to Government Security of Deceased Sole Holder or Joint Holders
State: Central
Year: 2006
.....of 1925) shall be the only person who may be recognised by the Bank as having any title to the Government security. (2) Nothing contained in this section shall bar the recognition by the Bank of any person as having a title to a Government security on the basis of a decree, order or direction passed by a competent court declaring the person as having title to the Government security or appointing a receiver to take possession of a security or on the basis of a certificate issued or order passed by any other authority who might have been empowered under any statute to confer on any such person a title to the Government security or on the basis of such other documents as may be prescribed. (3) Notwithstanding anything contained in this section or in any other law for the time being in force, where the outstanding value of Government security held by a deceased sole holder or deceased joint holders, as the case may be, does not exceed an amount of rupees one lakh or such higher amount not exceeding rupees one crore as may be fixed by the Central Government by notification in the Official Gazette from time to time, the Bank may recognise a person as having title to such.....
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