Preliminary Decree In An Administration Suit Legal Draft Template

<h2>IT </h2>is ordered that the following accounts and inquiries be taken and made; that is

to say:--In

creditor's suit--1.

That

an account be taken of what is due to the plaintiff and all other the creditors

of the deceased.In

suits by legatees--2.

That

an account be taken of the legacies given by the testator's will.In

suits by next-of-kin--3.

That

an inquiry be made and account taken of what or of what share, if any, the

plaintiff is entitled to as next-of-kin (or one of the next-of-kin) of the

intestate.[After

the first paragraph, the decree will, where necessary, order, in a creditor's

suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits

by claimants other than creditors, after the first paragraph, in all cases, an

order to inquire and take an account of creditors will follow the first

paragraph and such of the others as may be necessary will follow, omitting the

first formal words The form is continued as in a creditor's suit.]4. An account of the

funeral and testamentary expenses.5. An account of the

movable property of the deceased come to the hands of the defendant, or to the

hands of any other person by his order or for his use.6. An inquiry what part

(if any) of the movable property of the deceased is outstanding and undisputed

of.7. And it is further

ordered that the defendant do, on or before the day of next, pay into Court all

sums of money which shall be found to have come to his hands, or to the hands

of any person by his order or for his use.8. And that if the*

shall find it necessary for carrying out the objects of the suit to sell any

part of the movable property of the deceased, that the same be sold

accordingly, and the proceeds paid into Court.9. And that Mr.E.F.be

receiver in the suit (or proceeding) and receive and get in all outstanding

debts and outstanding movable property of the deceased, and pay the same into

the hands of the* (and shall give security by bond for the due performance of

his duties to the amount of rupees).10. And it is further

ordered that if the movable property of the deceased be found insufficient for

carrying out the objects of the suit, then the following further inquiries be

made, and accounts taken, that is to say--a. an inquiry what

immovable property the deceased was seized of or entitled to at the time of his

death;b. in inquiry what are

the in cumbrances (if any) affecting the immovable property of the deceased or

any part thereof;c. an account, so far as

possible, of what is due to the several in cumbrances, and to include a

statement of the priorities of such of the in cumbrances as shall consent to

the sale hereinafter directed.1.2.3.4.5.6.7.8.9.10.11. And that the

immovable property of the deceased, or so much thereof as shall be necessary to

make up the fund in Court sufficient to carry out the object of the suit, be

sold with the approbation of the Judge, free from in cumbrances (if any) of

such in cumbrances as shall consent to the sale and subject to the in cumbrances

of such of them as shall not consent.12. And it is ordered

that G.H. shall have the conduct of the sale of the immovable property, and

shall prepare the conditions and contracts of sale subject to the approval of

the {Here insert name of proper officer} and that in case any doubt or

difficulty shall arise the papers shall be submitted to the Judge to settle.13. And it is further

ordered that, for the purpose of the inquiries hereinbefore directed, the*

shall advertise in the newspapers according to the practice of the Court, or

shall make such inquiries in any other way which shall appear to the* to give

the most useful publicity to such inquiries.14. And it is ordered

that the above inquiries and accounts be made and taken, and that all other

acts ordered to be done be completed, before the day of, and that the* do

certify the result of the inquiries, and the accounts, and that all other acts

ordered are completed, and have his certificate in that behalf ready for the

inspection of the parties on the day of15. And, lastly, it is

ordered that this suit (or proceeding) stand adjourned for making final decree

to the day of[Such

part only of this decree is to be used as is applicable to the particular

case.]