Bare ActsThe Probate and Administration Act, 1977

Section 90

Power of executor or administrator to dispose of property

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Power of executor or administrator to dispose of property. ––(1) An executor or administrator has, subject to the provisions of this section, power to dispose, as he thinks fit, of all or any of the property for the time being vested in him under section 4. (2) The power of an executor to dispose of immovable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order. (3) An administrator may not, without the previous permission of the Court by which the letters of administration were granted,–– 32 PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D) (a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being vested in him under section 4, or (b) lease any such property for a term exceeding five years. (4) A disposal of property by an executor or administrator in contravention of sub-section (2) or sub-section (3), as the case may be, is voidable at the instance of any other person interested in the property. (5) Before any probate or letters of administration is or are granted under this Act there shall be endorsed thereon or annexed thereto a copy of sub- sections (1), (2) and (4), or of sub-sections (1), (3) and (4), as the case may be. (6) A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required by the last foregoing sub-section not having been made thereon or attached thereto, not shall the absence of such an endorsement or annexure authorise an executor or administrator to act other- wise than in accordance with the provisions of this section. 90-A. General powers of administration.–– An executor or administrator may in addition to, and not in derogation of, any other powers of expenditure lawfully exercisable by him, incur expenditure–– (a) on such acts as may be necessary for the proper care and management of any property belonging to any estate administered by him, and (b) with the sanction of the High Court, on such religious charitable and other objects, and on such improvements, as may be reasonable and case of such property.

Section 90 – The Probate and Administration Act, 1977 | DailyLaw.ai