Bare Act Search Results

Indian Succession Act, 1925 Part 9

Title: Probate, Letters of Administration and Administration of Assets of Deceased

State: Central

Year: 1925

.....or suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has been taken administration to the estate of B as if he had died intestate, but a Will has since been discovered. (vi) Since probate was granted, a latter Will has been.....

Code of Civil Procedure, 1908 Rule 1 to 3

Title: Suits by or Against Trustees, Executors and Administrators

State: Central

Year: 1908

1 . Representation of beneficiaries in suits concerning property vested in trustees, etc. In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. B ut the Court may, if it thinks fit, order them or any of them to be made parties. 2 . Joinder of trustees, executors and administrators Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them: Provided that the executors who have not proved their testator's will, and trustees, executors and administrators outside1[India], need not be made parties. 3 . Husband of married executrix not to join Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her. ______________________ 1. Substituted by Act 2 of 1951, section 3, for "the States".

Indian Succession Act, 1925 Chapter 1

Title: Of Grant of Probate and Letters of Administration

State: Central

Year: 1925

.....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". Section 219 - Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person If the deceased has diedintestate and was not a personbelonging to any of the classes referred to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled toobtain letters of administration of hisestate and effects in the orderand according to the rules hereinafter stated, namely:- (a) If the deceased has left a widow, administration shall be granted to the widow, unless the Court sees cause to exclude her, either onthe ground of some personal disqualification, or because she has no interest in the estate of the deceased. Illustrations (i) The widow is a lunatic or has committed adultery or hasbeen barred by her marriage settlement of all interest in her husband's estate.There is cause for excluding her from the administration. (ii) The widow has married again since the decease of herhusband. This is not good cause for her.....

Indian Succession Act, 1925 Section 222

Title: Probate Only to Appointed Executor

State: Central

Year: 1925

(1) Probate shall be granted only to an executor appointed by the Will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A Wills that C be his executor if B Will not. B is appointed executor by implication. (ii) A gives a legacy to B and several legacies to other persons among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication. (iii) A appoints several persons executors of his Will and codicils and his nephew residuary legatee, and in another codicil are these words,"I appoint my nephew my residuary legatee to discharge all lawful demands against my Will and codicils signed of different dates". The nephew is appointed an executor by implication.

Divorce Act, 1869 Chapter 1

Title: Preliminary

State: Central

Year: 1869

.....day of April, 1869. ____________________ 1.The word "Indian" omitted by Act 51 of 2001, section 2 (w.e.f. 3-10-2001). Section 2 - Extent of Act 1[This Act extends to2[the whole of India3[except the State of Jammu and Kashmir]]]. Extent of power to grant relief generally, - 4[Nothing hereinafter contained shall authorise any court to grant any relief under this Act except where the petitioner5[or respondent] professes the Christian religion, and to make decrees of dissolution- or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the petition is presented, or of nullity- or to make decrees of nullity of marriage except where the marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition, or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in India at the time of presenting the petition.] ___________________ 1 . Substituted by the A.O. 1948, for the original first paragraph. 2. Substituted by The A.O. 1950, for certain words. .....

Divorce Act, 1869 Section 3

Title: Interpretation-clause

State: Central

Year: 1869

.....for clause (b) by the Himachal Pradesh (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, (w.e.f. 1-11-1966). 3. Clause (bb) omitted by Himachal Pradesh Adoption of Laws (State and Concurrent Subjects) Order, 1973, ) (w.r.e.f. 1-11-1966). 4. Substituted by the Laccadive, Minicoy and Admindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, Section 3 and Schedule, for "Laccadive, Minicoy and Admindivi Islands" (w.e.f. 1-11-1973). 5. Inserted by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, Section 3 and Schedule (w.e.f. 1-11-1966). 6. Substituted by the A.O. 1950, for clause (2). 7. Substituted by Act 51 of 2001, section 3, for "or of whose jurisdiction under this Act" (w.e.f. 03.10.2001). 8. Clauses (6) and (7) omitted by Act 51 of 2001, section 3 (w.e.f. 03.10.2001). 9. Substituted by the A.O. 1950, for "the dominions of Her Majesty".

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....

Indian Divorce Act, 1869 Complete Act

State: Central

Year: 1869

.....for Divorce and Matrimonial Causes in England and it omits the provision in 20 and 21 Vic. Ch.85 respecting the occasional trial of questions of fact by juries. In respect of fees, it has been considered that the Act 20 of 1862 (lately continued by the governor-general in Council for another year) renders special legislation unnecessary. The power of intervening in suits, given by 23 and 24 Vic. Ch. 144, to the Attorney General and the Queen's Proctor is, in this Bill, given to the Advocate General and the Solicitor to Government. There are also other variations of a minor and verbal character. The Draft Bill having been submitted to the Judges of the several High Courts, with request that they would favour the Government with their opinions on it communications have been received, from the Judges at Calcutta and Bombay and will be laid before the Council. In these letters there are several important suggestions, and the Honourable the Chief Justice of the High Court at Calcutta has intimated that he considers it doubtful whether decrees by the High Court under the proposed Act, dissolving the marriages of persons who have been married in England would have legal effect.....

Indian Succession Act, 1925 Chapter 6

Title: Of the Powers of an Executor or Administrator

State: Central

Year: 1925

.....absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section. Section 308 - General powers of administration An executor or administrator may, in addition to, and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure (a) on such acts as may be necessary for the proper care or management of any property belonging to any estate administered by him; and (b) with the sanction of the High Court, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property. Section 309 - Commission or agency charges An executor or administrator shall not be entitled to receive or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of the Administrator-General by or under the Administrator-General's Act, 1913 (3 of 1913). Section 310 - Purchase by executor or administrator of deceased's property If any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is.....

Indian Succession Act, 1925 Section 315

Title: Powers of Married Executrix or Administratrix

State: Central

Year: 1925

When a grant of probate or letters of administration has been made to a married woman, she has all the powers of an ordinary executor or administrator.