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Report No. 110

Chapter 38

Practice in Granting and Revoking Probates and Letters of Administration (Sections 264 to 302)

38.1. Scope.-

Practice in granting and revoking probates and letters of administration being a matter of some detail, occupies about 40 sections of the Act-sections 264 to 302. The sections could be grouped as under:-

I. Jurisdiction and Connected Matters

264. Jurisdiction of District Judge in granting and revoking probates, etc.

265. Power to appoint Delegate of District Judge to deal with non-contentious cases.

266. District Judge's power as to grant of probate and administration.

267. District Judge may order person to produce testamentary papers.

268. Proceedings of District Judge's Court in relation to probate and administration.

269. When and how District Judge to interfere for protection of property.

270. When probate or administration may be granted by District Judge.

271. Disposal of applications made to Judge of district in which deceased had no fixed abode.

272. Probate and letters of administration may be granted by Delegate.

273. Conclusiveness of probate or letters of administration.

274. Transmission to High Courts of certificate of grants under proviso to section 273.

275. Conclusiveness of application for probate or administration if properly made and verified.

II. The Petition and Immediate Steps Thereon

276. Petition for probate.

277. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.

278. Petition for letters of administration.

279. Addition to statement in petition, etc., for probate or letters of administration in certain cases.

280. Petition for probate etc. to be signed and verified.

281. Verification of petition for probate, by one fitness to will.

282. Punishment for false averment in petition or declaration.

III. Procedure for Hearing

283. Powers of District Judge.

284. Caveats against grant of probate or administration. Form of caveat.

285. After entry of a caveat, no proceeding taken on petition until after notice to caveator.

286. District Delegate when not to grant probate or administration.

287. Power to transmit statement to District Judge in doubtful cases, where no contention.

IV. Disposal of Petitions

288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his court.

V. Grant of Probate

289. Grant of probate to be under seal of Court.

290. Grant of letters of administration to be under seal of Court.

291. Administration-bond.

292. Assignment of administration-bond.

293. Time for grant of probate and administration.

294. Filing of original wills of which probate or administration with will annexed granted.

295. Procedure in contentious cases.

296. Surrender of revoked probate or letters of administration.

297. Payment to executor or administrator before probate or administration revoked.

VI. Miscellaneous

298. Power to refuse letters of administration.

299. Appeals from orders of District Judge.

300. Concurrent jurisdiction of High Court.

301. Removal of executor or administrator and provision for successor.

302. Directions to executor or administrator.

The Indian Succession Act, 1925 Back

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