Report No. 19
40. Section 38.-
A question has been raised whether, consequential on the new section which we proposed to insert1 relating to a grant made by the High Court for Jammu and Kashmir, it is necessary to amend section 38. We have carefully considered the matter and are of the opinion that no such amendment is necessary. Section 38 (in so far as it is relevant for Jammu and Kashmir) provides for the transfer of surplus assets of a deceased to the executor or administrator in the State of Jammu and Kashmir for distribution amongst heirs of the deceased in that State.
The section is not concerned with relations between the Administrator-General of one State and the Administrator-General of another State only. It contemplates the delivery of assets by the Administrator-General or by a certificate-holder. Further, the delivery is to be made to the executor or the administrator in the country of domicile (and not necessarily to the Administrator-General of the foreign country). Therefore it is unnecessary to amend section 38.
1. See para. 29, supra.