Report No. 19
10. We recommend that in re-drafting the provisions the following considerations should be borne in mind:-
(1) The apprehension of danger of misappropriation, deterioration or waste of the assets or the desirability of taking proceedings for protection of the estate should be the main consideration for the Administrator-General to intervene.
(2) The provisions should not be applicable to small estates in respect of which the Administrator-General can issue certificates.1
(3) We should not indirectly make it obligatory for persons to obtain probate or letters of administration with the Will annexed or letters of administration in general, except in cases in which it is made obligatory under the provisions of the Succession Act, Part VIII. Accordingly, cases where a person has taken other proceedings for protection of the estate should, if the obtaining of probate, etc. is not obligatory, be treated on the same footing as if he had obtained probate, etc.
(4) Provision should be made, as under the existing section 11, to enable the Administrator-General to take possession of the property under the directions of the High Court where the High Court is satisfied that there is imminent danger of misappropriation, deterioration or waste of such assets requiring immediate action.
(5) Intervention by the Administrator-General should be optional, not compulsory. This is necessary in view of the proposed widening2 of the applicability of the provisions under consideration.
Any consequential changes which have to be made in the other sections of the Act in view of the changes proposed above, may also be made.
1. Under section 31, we have elsewhere recommended that the limit may be raised from Rs. 2,000 to Rs. 5,000.
2. See para. 9, supra.
11. In passing, it may be pointed out, that under section 6 the High Court is a competent court for the purpose of granting letters of administration as regards the Administrator-General, and hence in all the cases which will come, as a result of the proposed changes, within the purview of the Administrator-General, he may apply to the High Court for letters of administration. Thus the obtaining of letters of administration will be more speedy and the protection afforded will be complete.
