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Report No. 110

V. Grants of Effects Unadministered

36.42. Section 258.-

Section 258 provides that if an executor to whom probate has been granted has died, leaving a part of the testator's estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate. The section does not appear to need any change.

36.43. Section 259.-

In the next section 259, it is provided that in granting letters of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made.

The section needs no change.

36.44. Section 260.-

Section 260 deals with the situation where a limited grant has expired by efflux of time, or by the happening of the event of contingency on which it was limited. If there is still some part of the deceased's estate unadministered, then letters of administration shall, according to the section, be granted to those persons to whom original grants might have been made. The section needs no change, having created no difficulties.



The Indian Succession Act, 1925 Back




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