Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].
Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]
--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes.
Administration is ordinarily granted to some one or more -- persons interested in the residuary estate of the intestate. (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 162, as amended by (English) Administration of Justice Act, 1928, s. 9. See DISTRIBUTION. If there is a minority, or if a life interest arises under the intestacy, administration must be granted to not less than two persons, or to a trust corporation (with or without another administrator). (English) Judicature Act, 1925, s. 160. The oath to be made by an applicant is so worded as to clear off any person possibly entitled in priority to a Grant and to show the capacity in which the proposed Administration applies.
Means a person appointed by the court to manage the assets and liabilities of an interstate decedent. This term once referred to males only (as opposed to administratrix), but legal writers now generally use administrator to refer to someone of either sex, Black Law Dictionary, 7th Edn., p. 46.
A Creditor may obtain a Grant of Administration if none of the persons entitled to the estate are willing to apply (Probate Rules, 120).
Where the estate is known or believed to be insolvent, the Public Trustee can obtain a grant subject to certain conditions (Public Trustee Act, 1906, s. 6 (1); see PUBLIC TRUSTEE).
The proposed administrator must give a bond to the Senior Registrar of the Probate Division, conditioned for due collection and administration of the estate [(English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 167, as amended by Administration of Justice Act, 1928, Schedule 1]. See ADMINISTRATION BOND and Probate Rules.
Until a grant is obtained, the personal estate of a person who dies intestate vests in the President of the Probate Division: (English) Administration of Estates Act, 1925, s. 9, reproducing and extending to real estate the Statute of Westminster II. (13 Edw. 1), c. 19, and the Court of Probate Act, 1858, s. 19; Whitehead v. Palmer, (1908) 1 KB 157.
In certain cases limited administrations are granted, which are as follows:--Administration durante minore 'tate, where an infant is entitled to administration or is made sole executor, the grant is made to the duly appointed guardian of the infant for his use and benefit until he attain the age of 21 years, when it ceases: Administration durante absentid, when the next person entitled to the grant is beyond sea, lest the goods perish or the debts be lost: Administration pendente lite, where a suit is commenced in the Probate Court concerning the validity of a will or the right to administration, until the suit be determined, in order that there may be somebody to take care of the estate: Administration cum testamento annexo, when there is no executor named in the will, or the person named is incapable or refuses to act: Administration de bonis non, arising thus: The office of an administrator is not transmissible like that of an executor; consequently if an administrator dies before he has completely administered, a grant of administration de bonis non administratis, or shortly de bonis non, becomes necessary; and so if an executor dies intestate before he has fully administered, a like grant is required. There is also what is known as an ancillary administration, so called because it is subordinate to the original administration, which is granted for collecting the assets of foreigners; it is take out in the country where the assets are situated. And there are certain other cases of limited or temporary administrations which do not very often occur; as to the powers of such limited or temporary administrators, see Whitehead v. Palmer, 1908 (1) KB 156.
A County Court Judge may, in certain cases, when the estate does not exceed 200l., make an order for grant of administration. See County Courts Act, 1934, ss. 60-62, and COUNTY COURTS.
The administration in bankruptcy of the estate of a person dying insolvent is provided for by the Bankruptcy Act, 1914, s. 130. See Re Hay, 1915 (2) Ch 189.
The term 'administrator' also means the person appointed under the (English) Forfeiture Act, 1870, 33 & 34 Vict. c. 23, in whom a convict's property vests; see Re Gaskell, (1906) 2 Ch 1.
The corresponding term in Scotland is 'executor-dative.'