The Probate and Administration Act, 1977 (1920 A.d.)
Union territory Act of Jammu and Kashmir · Act 29 of 1977144 provisions
The enactment
| Long title | An Act to provide for the grant of Probates of Wills and Letters of Administration to the estates of certain deceased persons. |
|---|---|
| Type | Act |
| Citation | Act 29 of 1977 |
| Year | 1977 |
| Jurisdiction | Union territory of Jammu and Kashmir |
| Status | In force as published by the source |
| Provisions published | 144 |
| Subjects | social |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement.
- Section 2 Application.
- Section 3 Interpretation clause.
- Section 4 Character and property of executor or administrator as such
- Section 5 Administration with copy annexed of authenticated copy of will proved abroad.
- Section 6 Probate only to appointed executor.
- Section 7 Appointment, express or implied.
- Section 8 Persons to whom probate cannot be granted
- Section 9 Grant of probate to several executors simultaneously or at different times.
- Section 10 Separate probate of codicil discovered after grant of probate. Procedure when different executors appointed by codicil.
- Section 13 To whom administration may not be granted.
- Section 16 Grant of administration where executor has not renounced. Exception.
- Section 17 Form and effect of renunciation of executorship.
- Section 18 Procedure where executor renounces or fails to accept within time limited.
- Section 19 Grant of administration to universal or residuary legatee.
- Section 20 Right to administration of representative of deceased residuary legatee.
- Section 21 Grant of administration where no executor, nor residuary legatee, nor representative of such legatee.
- Section 22 Citation before grant of administration to legatee other than universal or residuary.
- Section 23 To whom administration may be granted.
- Section 24 Probate of copy or draft of lost will.
- Section 25 Probate of contents of lost or destroyed will.
- Section 26 Probate of copy where original exists.
- Section 27 Administration until will produced.
- Section 28 Administration with will annexed to attorney of absent executor.
- Section 29 Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.
- Section 30 Administration to attorney of absent person entitled to administer, in case of intestacy.
- Section 31 Administration during minority of sole executor or residuary legatee
- Section 32 Administration during minority of several executors or residuary legatees.
- Section 33 Administration for use and benefit of lunatic.
- Section 34 Administration pendent lite.
- Section 35 Probate limited to purpose specified in will.
- Section 36 Administration with will annexed limited to particular purpose
- Section 37 Administration limited to trust property
- Section 38 Administration limited to suit.
- Section 39 Administration limited to purpose of becoming party to suit to be brought against executor or administrator.
- Section 40 Administration limited to collection and preservation of deceased’s property
- Section 41 Appointment, as administrator, of person other than one who under ordinary circumstances would be entitled to administration.
- Section 42 Probate or administration with will annexed subject to exception.
- Section 43 Administration with exception.
- Section 44 Probate or administration of rest.
- Section 45 Grant of effects unadministered.
- Section 46 Rules as to grants of effects unadministered.
- Section 47 Administration when limited grant expired and still some part of estate unadministered.
- Section 48 What errors may be rectified by Court.
- Section 49 Procedure where codicil discovered after grant of administration with will annexed.
- Section 50 Revocation or annulment for just cause
- Section 51 Jurisdiction of District Judge in granting and revoking probates, etc.
- Section 52 Power to appoint Delegate of District Judge to deal with non-contentious cases.
- Section 53 District Judges powers as to grant of probate and administration.
- Section 54 District Judge may order person to produce testamentary papers.
- Section 55 Proceedings of District Judges Court in relation to probate and administration.
- Section 56 When probate or administration may be granted by District Judge.
- Section 57 Disposal of application made to Judge of District in which deceased had no fixed abode.
- Section 58 Probate and letters of administration may be granted by Delegate.
- Section 59 Conclusiveness of probate or letters of administration. Effect of unlimited probates, etc., granted by certain Courts.
- Section 60 Transmission to High Court of certificate of grants under proviso to section 59.
- Section 61 Conclusiveness of application for probate or administration, if properly made and verified.
- Section 62 Petition for probate.
- Section 63 In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.
- Section 64 Petition for letters of administration.
- Section 65 Additional statements in petition for probate, etc.
- Section 66 Petition for probate or administration to be signed and verified.
- Section 67 Verification of petition for probate by one witness to will.
- Section 68 Punishment for false averment in petition or declaration.
- Section 69 District Judge may examine petitioner in person, require further evidence, and issue citations to inspect proceedings.
- Section 70 Caveats against grant of probate or administration.
- Section 72 After entry of caveat, no proceeding taken on petition until after notice to caveator.
- Section 73 District Delegate when not to grant probate or administration.
- Section 74 Power to transmit statement to District Judge in doubtful cases where no contention.
- Section 75 Procedure where there is contention or District Delegate thinks probate or letters of administration should be refused in his Court.
- Section 76 Grant of probate to be under seal of Court. Form of such grant
- Section 77 Grant of letters of administration to be under seal of Court. Form of such grant.
- Section 78 Administration-bond
- Section 79 Assignment of administration bond.
- Section 80 Time before which probate or administration shall not be granted.
- Section 81 Filing of originals wills of which probate or administration with will annexed granted.
- Section 82 Grantee of probate or administration alone to sue, etc., until same revoked.
- Section 83 Procedure in contentious cases.
- Section 84 Payment to executor or administrator before probate or administration revoked. Right of such executor or administrator to recoup himself.
- Section 85 Power to refuse letters of administration.
- Section 86 Appeals from orders of District Judge.
- Section 87 Concurrent jurisdiction of High Court.
- Section 87A Removal of executor or administrator and provision for successor.
- Section 87B Directions to executor or administrator
- Section 88 In respect of causes of action surviving deceased, and debts due at death.
- Section 89 Demands and rights of suit of or against deceased survive to and against executor or administrator.
- Section 90 Power of executor or administrator to dispose of property.
- Section 90A General powers of administration.
- Section 91 Purchase by executor or administrator of deceased’s property.
- Section 92 Powers of several executors or administrators exercisable by one.
- Section 93 Survival of powers on death of one of several executors or administrators.
- Section 96 Powers of married executrix or administratrix.
- Section 97 As to deceased funeral ceremonies.
- Section 98 Inventory and account.
- Section 99 Inventory to include property in any part of the State.
- Section 100 As to property of, and debts owing to, deceased.
- Section 101 Expenses to be paid before all debts.
- Section 102 Expenses to be paid next after such expenses.
- Section 103 Wages for certain services to be next paid, and then other debts.
- Section 104 Save as aforesaid, all debts to be paid equally and rateably.
- Section 106 Executor or administrator not bound to pay legacies without indemnity.
- Section 107 Abatement of general legacies. Executor not to pay one legatee in preference to another.
- Section 108 Not-abatement of specific legacy when assets sufficient to pay debts.
- Section 109 Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
- Section 110 Rateable abatement of specific legacies.
- Section 111 Legacies treated as general for purpose of abatement.
- Section 112 Assent necessary to complete legatee’s title.
- Section 113 Effect of executors assent to specific legacy. Nature of assent.
- Section 114 Conditional assent.
- Section 115 Assent of executor to his own legacy. Implied assent.
- Section 116 Effect of executors assent.
- Section 117 Executor when to deliver legacies.
- Section 118 Commencement of annuity when no time fixed by will.
- Section 119 When annuity, to be paid quarterly or monthly, first falls due.
- Section 120 Date of successive payments when first payment directed to be made within given time, or on day certain. Apportionment where annuitant dies between times of payment.
- Section 121 Investment of sum bequeathed where legacy, not specific, given for life.
- Section 122 Investment of general legacy, to be paid at future time. Intermediate interest.
- Section 123 Procedure when no fund charged with, or appropriated to, annuity.
- Section 124 Transfer to residuary legatee of contingent bequest.
- Section 125 Investment of residue bequeathed for life, with direction to invest in specified securities.
- Section 126 Time and manner of conversion and investment. Interest payable until investment.
- Section 127 Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf.
- Section 128 Legatees title to produce of specific legacy.
- Section 129 Residuary legatee’s title to produce of residuary fund.
- Section 130 Interest when no time fixed for payment of general legacy.
- Section 131 Interest when time fixed.
- Section 133 No interest on arrears of annuity within first year after testators death.
- Section 134 Interest on sum to be invested to produce annuity.
- Section 135 Refund of legacy paid under Judges orders.
- Section 137 Refund when legacy becomes due on performance of condition within further time allowed.
- Section 138 When each legatee compellable to refund in proportion.
- Section 139 Distribution of assets. Creditor may follow assets.
- Section 140 Creditor may call upon legatee to refund.
- Section 141 When legatee, not satisfied or compelled to refund under section 140, cannot oblige one paid in full to refund.
- Section 142 When unsatisfied legatee must first proceed against executor, if solvent.
- Section 143 Limit to refunding of one legatee to another.
- Section 145 Residue after usual payments to be paid to residuary legatee.
- Section 145-A Transfer of assets from the State to executor or administrator in country of domicile for distribution.
- Section 146 Liability of executor or administrator for devastation.
- Section 147 Liability for neglect to get in any part of property.
- Section 148 Provisions applied to administrator with will annexed.
- Section 149 Saving-clause.
- Section 150 Probate and administration, in case Hindu, Mohammedan or Buddhist, to be granted only under this Act.
- Section 157 Surrender of revoked probate or letters of administration.
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