The PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D.)

jammu-and-kashmir · 1977

S. 1Short title, extent and commencement.
S. 2Application.
S. 3Interpretation clause.
S. 4Character and property of executor or administrator as such
S. 5Administration with copy annexed of authenticated copy of will proved abroad.
S. 6Probate only to appointed executor.
S. 7Appointment, express or implied.
S. 8Persons to whom probate cannot be granted
S. 9Grant of probate to several executors simultaneously or at different times.
S. 10Separate probate of codicil discovered after grant of probate. Procedure when different executors appointed by codicil.
S. 11Accrual of representation to surviving executor.
S. 12Effect of probate.
S. 13To whom administration may not be granted.
S. 14Effect of letters of administration.
S. 15Acts not validated by administration.
S. 16Grant of administration where executor has not renounced. Exception.
S. 17Form and effect of renunciation of executorship.
S. 18Procedure where executor renounces or fails to accept within time limited.
S. 19Grant of administration to universal or residuary legatee.
S. 20Right to administration of representative of deceased residuary legatee.
S. 21Grant of administration where no executor, nor residuary legatee, nor representative of such legatee.
S. 22Citation before grant of administration to legatee other than universal or residuary.
S. 23To whom administration may be granted.
S. 24Probate of copy or draft of lost will.
S. 25Probate of contents of lost or destroyed will.
S. 26Probate of copy where original exists.
S. 27Administration until will produced.
S. 28Administration with will annexed to attorney of absent executor.
S. 29Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.
S. 30Administration to attorney of absent person entitled to administer, in case of intestacy.
S. 31Administration during minority of sole executor or residuary legatee
S. 32Administration during minority of several executors or residuary legatees.
S. 33Administration for use and benefit of lunatic.
S. 34Administration pendent lite.
S. 35Probate limited to purpose specified in will.
S. 36Administration with will annexed limited to particular purpose
S. 37Administration limited to trust property
S. 38Administration limited to suit.
S. 39Administration limited to purpose of becoming party to suit to be brought against executor or administrator.
S. 40Administration limited to collection and preservation of deceased’s property
S. 41Appointment, as administrator, of person other than one who under ordinary circumstances would be entitled to administration.
S. 42Probate or administration with will annexed subject to exception.
S. 43Administration with exception.
S. 44Probate or administration of rest.
S. 45Grant of effects unadministered.
S. 46Rules as to grants of effects unadministered.
S. 47Administration when limited grant expired and still some part of estate unadministered.
S. 48What errors may be rectified by Court.
S. 49Procedure where codicil discovered after grant of administration with will annexed.
S. 50Revocation or annulment for just cause
S. 51Jurisdiction of District Judge in granting and revoking probates, etc.
S. 52Power to appoint Delegate of District Judge to deal with non-contentious cases.
S. 53District Judges powers as to grant of probate and administration.
S. 54District Judge may order person to produce testamentary papers.
S. 55Proceedings of District Judges Court in relation to probate and administration.
S. 56When probate or administration may be granted by District Judge.
S. 57Disposal of application made to Judge of District in which deceased had no fixed abode.
S. 58Probate and letters of administration may be granted by Delegate.
S. 59Conclusiveness of probate or letters of administration. Effect of unlimited probates, etc., granted by certain Courts.
S. 60Transmission to High Court of certificate of grants under proviso to section 59.
S. 61Conclusiveness of application for probate or administration, if properly made and verified.
S. 62Petition for probate.
S. 63In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.
S. 64Petition for letters of administration.
S. 65Additional statements in petition for probate, etc.
S. 66Petition for probate or administration to be signed and verified.
S. 67Verification of petition for probate by one witness to will.
S. 68Punishment for false averment in petition or declaration.
S. 69District Judge may examine petitioner in person, require further evidence, and issue citations to inspect proceedings.
S. 70Caveats against grant of probate or administration.
S. 71Form of caveat.
S. 72After entry of caveat, no proceeding taken on petition until after notice to caveator.
S. 73District Delegate when not to grant probate or administration.
S. 74Power to transmit statement to District Judge in doubtful cases where no contention.
S. 75Procedure where there is contention or District Delegate thinks probate or letters of administration should be refused in his Court.
S. 76Grant of probate to be under seal of Court. Form of such grant
S. 77Grant of letters of administration to be under seal of Court. Form of such grant.
S. 78Administration-bond
S. 79Assignment of administration bond.
S. 80Time before which probate or administration shall not be granted.
S. 81Filing of originals wills of which probate or administration with will annexed granted.
S. 82Grantee of probate or administration alone to sue, etc., until same revoked.
S. 83Procedure in contentious cases.
S. 84Payment to executor or administrator before probate or administration revoked. Right of such executor or administrator to recoup himself.
S. 85Power to refuse letters of administration.
S. 86Appeals from orders of District Judge.
S. 87Concurrent jurisdiction of High Court.
S. 87ARemoval of executor or administrator and provision for successor.
S. 87BDirections to executor or administrator
S. 88In respect of causes of action surviving deceased, and debts due at death.
S. 89Demands and rights of suit of or against deceased survive to and against executor or administrator.
S. 90Power of executor or administrator to dispose of property.
S. 90AGeneral powers of administration.
S. 91Purchase by executor or administrator of deceased’s property.
S. 92Powers of several executors or administrators exercisable by one.
S. 93Survival of powers on death of one of several executors or administrators.
S. 94Powers of administrator of effects unadministered.
S. 95Powers of administrator during minority.
S. 96Powers of married executrix or administratrix.
S. 97As to deceased funeral ceremonies.
S. 98Inventory and account.
S. 99Inventory to include property in any part of the State.
S. 100As to property of, and debts owing to, deceased.
S. 101Expenses to be paid before all debts.
S. 102Expenses to be paid next after such expenses.
S. 103Wages for certain services to be next paid, and then other debts.
S. 104Save as aforesaid, all debts to be paid equally and rateably.
S. 105Debts to be paid before legacies.
S. 106Executor or administrator not bound to pay legacies without indemnity.
S. 107Abatement of general legacies. Executor not to pay one legatee in preference to another.
S. 108Not-abatement of specific legacy when assets sufficient to pay debts.
S. 109Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
S. 110Rateable abatement of specific legacies.
S. 111Legacies treated as general for purpose of abatement.
S. 112Assent necessary to complete legatee’s title.
S. 113Effect of executors assent to specific legacy. Nature of assent.
S. 114Conditional assent.
S. 115Assent of executor to his own legacy. Implied assent.
S. 116Effect of executors assent.
S. 117Executor when to deliver legacies.
S. 118Commencement of annuity when no time fixed by will.
S. 119When annuity, to be paid quarterly or monthly, first falls due.
S. 120Date of successive payments when first payment directed to be made within given time, or on day certain. Apportionment where annuitant dies between times of payment.
S. 121Investment of sum bequeathed where legacy, not specific, given for life.
S. 122Investment of general legacy, to be paid at future time. Intermediate interest.
S. 123Procedure when no fund charged with, or appropriated to, annuity.
S. 124Transfer to residuary legatee of contingent bequest.
S. 125Investment of residue bequeathed for life, with direction to invest in specified securities.
S. 126Time and manner of conversion and investment. Interest payable until investment.
S. 127Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf.
S. 128Legatees title to produce of specific legacy.
S. 129Residuary legatee’s title to produce of residuary fund.
S. 130Interest when no time fixed for payment of general legacy.
S. 131Interest when time fixed.
S. 132Rate of interest.
S. 133No interest on arrears of annuity within first year after testators death.
S. 134Interest on sum to be invested to produce annuity.
S. 135Refund of legacy paid under Judges orders.
S. 136No refund if paid voluntarily.
S. 137Refund when legacy becomes due on performance of condition within further time allowed.
S. 138When each legatee compellable to refund in proportion.
S. 139Distribution of assets. Creditor may follow assets.
S. 140Creditor may call upon legatee to refund.
S. 141When legatee, not satisfied or compelled to refund under section 140, cannot oblige one paid in full to refund.
S. 142When unsatisfied legatee must first proceed against executor, if solvent.
S. 143Limit to refunding of one legatee to another.
S. 144Refunding to be without interest.
S. 145Residue after usual payments to be paid to residuary legatee.
S. 146Liability of executor or administrator for devastation.
S. 147Liability for neglect to get in any part of property.
S. 148Provisions applied to administrator with will annexed.
S. 149Saving-clause.
S. 150Probate and administration, in case Hindu, Mohammedan or Buddhist, to be granted only under this Act.
S. 151Omitted.
S. 152Omitted.
S. 153Omitted.
S. 154Omitted.
S. 155Omitted.
S. 156Omitted.
S. 157Surrender of revoked probate or letters of administration.