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Report No. 19

4. Grant of letters of Administration (sections 6 to 8).-

In order to appreciate the rights and duties of the Administrator-General to obtain letters of administration, it is necessary to refer to the important division under the Act of persons into two categories (1) exempted persons, which means an Indian Christian, a Hindu, Mohammedan, Parsi or Buddhist, or a person exempted under section 332 of the Indian Succession Act, 1865 (now section 3 of the Indian Succession Act, 1925) and (2) persons not so exempted.

Under section 6 provision is made to the effect that the High Court shall be deemed to be a court of competent jurisdiction so far as regards the Administrator-General for the purpose of granting probate or letters of administration. The Administrator-General is entitled to priority to obtain letters of administration to the extent provided by sections 7 and 8. "Letters of Administration" is defined in the Act as including not only letters of administration which could be obtained in the case of intestate succession but also letters of administration with a copy of the Will annexed or limited in time or otherwise.

Administrator-Generals Act, 1913 Back

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