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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

Rights, Powers and Duties of the Administrator-General

(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

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

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

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

Fees

41

Fees

Section 42

42

Disposal of fees

Section 43

Chapter VII

Audit of the Administrator-General's Accounts

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

Miscellaneous

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







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