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Report No. 110

Chapter 35

Probate, Letters of Administration and Administration of Assets of the Deceased (Sections 217-236)

35.1. Scope.-

Probate, letters of administration and administration of assets and liabilities of the deceased, form the subject-matter of sections 217 to 236. The sections are mostly of a procedural character.

35.2. Section 217.-

Section 217, the first section in this group, provides that save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed shall be made and the administration of assets of the deceased in cases of intestate succession shall be carried out, in accordance with the provisions of this Part.

The section needs no change, being a purely introductory provision. 35.3. Section 218.-The next section 218 reads as under:-

"218. (1) If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jain or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased's estate.

(2) When several such persons apply for such administration, it shall be in the discretion of the court to grant it to any one or more of them.

(3) When no such person applies, it may be granted to a creditor of the deceased."

The Indian Succession Act, 1925 Back

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