Report No. 19
Index to Appendix I
Clause |
Subject-matter |
Existing Section |
1 |
2 |
3 |
Chapter I |
||
Preliminary |
||
1 |
Short title, extent and commencement |
Section 1 |
2 |
Definitions |
Sections 2(1), 2(5), 2(6), 2(8). |
Chapter II |
||
The Office of the Administrator-General |
||
3 |
Appointment of Administrator-General |
Section 3 |
4 |
Appointment and powers of Deputy Administrators-General |
Section 4 |
5 |
Incorporation |
Section 5 |
Chapter III |
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Rights, Powers and Duties of the Administrator-General |
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(a) Grant of letters of administration and probate |
||
6 |
Jurisdiction of High Court for the whole State |
Section 6 |
7 |
Administrator-General entitled to letters of administration, unless granted to next-of-kin |
Section 7 |
8 |
Administrator-General entitled to letters of administration in preference to creditors, certain legatees or friends |
Section 8 |
9 |
Right of Administrator-General to apply for administration of estates |
Section 9 |
10 |
Power of Administrator-General to collect and hold assets where immediate action is required |
Section 11 |
11 |
Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator-General |
Section 12 |
12 |
Grant of administration to Administrator-General in certain cases |
Section 13 |
13 |
Administrator-General not precluded from applying for letters within one month after death |
Section 14 |
(b) Revocation of grants |
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14 |
Recall of Administrator-General's Administration and grant of probate, etc., to executor or next-of-kin |
Section 18 |
15 |
Cost of obtaining administration, etc., may, on revocation, be ordered to be paid to Administrator-General out of estate |
Section 19 |
16 |
After revocation, letters granted to Administrator-General to be deemed, as to him, to have been voidable only |
Section 20 |
17 |
Payments made by Administrator-General prior to revocation |
Section 21 |
(c) General |
||
18 |
Administrator-General's petition for grant of letters of administration |
Section 22 |
19 |
Name in which probate or letters to be granted |
Section 23 |
20 |
Effect of probate or letters granted to Administrator-General |
Section 24 |
21 |
Effect of grant by the High Court of Jammu and Kashmir |
New |
22 |
Transfer by private executor or administrator of interest under probate or letters |
Section 25 |
23 |
Distribution of assets |
Section 26 |
24 |
Appointment of Official Trustee as trustee of assets after completion of administration |
Section 27 |
25 |
Power of High Court to give directions regarding Administration of estate |
Section 28 |
26 |
No security to be required from Administrator-General |
Section 29(1) |
27 |
Manner in which petition to be verified by Administrator-General |
Section 29(2) |
28 |
Entry of Administrator-General not to constitute notice of a trust |
Section 29(3) |
Chapter IV |
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Grant Of Certificate |
||
29 |
In what cases Administrator-General may grant certificate |
Section 31, main para, part. Section 31, Proviso. |
30 |
Grant of certificate to creditors and power to take charge of certain estates |
Section 32 |
31 |
Administrator-General not bound to grant certificate unless satisfied of claimant's title, etc. |
Section 33 |
32 |
Effect of certificate |
Section 34 |
33 |
Revocation of certificate |
Section 35 |
34 |
Surrender of revoked certificate |
Section 36 |
35 |
Payment to holder of certificate before it is revoked |
New |
36 |
Administrator-General not bound to take out administration on account of assets for which he has granted certificate |
Section 37 |
37 |
Transfer of certain assets from any State to which this Act extends to Executor or Administrator in country of domicile for distribution |
Section 38 |
Chapter V |
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Liability |
||
38 |
Liability of Government |
Section 39 |
39 |
Creditors' suit against Administrator-General |
Section 40 |
40 |
Notice of suit not required in certain cases |
Section 41 |
Chapter VI |
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Fees |
||
41 |
Fees |
Section 42 |
42 |
Disposal of fees |
Section 43 |
Chapter VII |
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Audit of the Administrator-General's Accounts |
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43 |
Audit |
Section 44 |
44 |
Auditors to examine accounts and report to Government |
Section 45 |
45 |
Power of auditors to summon and examine witnesses, and to call for documents |
Section 46 |
46 |
Costs of audit, etc. |
Section 47 |
Chapter VIII |
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Miscellaneous |
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47 |
General powers of administration |
Section 48 |
48 |
Power to summon and examine witnesses |
Section 30 |
49 |
Power of person beneficially interested to inspect Administrator-General's account, etc., and take copies |
Section 49 |
50 |
False evidence |
Section 51 |
51 |
Assets unclaimed for twelve years to be transferred to Government |
Section 52 |
52 |
Mode of proceeding by claimant to recover principal money so transferred |
Section 53 |
53 |
Succession Act or Companies Act not to affect Administrator-General |
Section 55(1) |
54 |
Savings of provisions of Police Acts for Presidency-towns |
Section 55(2) |
55 |
Order of court to be equivalent to decree |
Section 56 |
56 |
Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject |
Section 57, part |
57 |
Letters of administration not necessary in respect of small estates administered by Administrator-General in accordance with certain Acts |
Section 16 |
58 |
Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 |
Section 17 |
59 |
Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 |
Section 15 |
60 |
Saving of provisions of Indian Registration Act, 1908 |
Section 59 |
61 |
Power of Central Government to make rules |
Section 57, part |
62 |
Power of State Government to make rules |
Section 50 |
63 |
Repeal |
New |