Bare Acts

The Probate and Administration Act, 1977 (1920 A.d.)

An Act to provide for the grant of Probates of Wills and Letters of Administration to the estates of certain deceased persons.

English PDF

Act Details

Act Number:

Act Year:

1977

Location:

Jammu and Kashmir

Enactment Date:

9/11/1920

Enforcement Date:

08-04-1925

Department:

Department of Social Welfare

All Section List

Section 1 to Section 157

Section 1

Short title, extent and commencement.

Section 2

Application.

Section 3

Interpretation clause.

Section 4

Character and property of executor or administrator as such

Section 5

Administration with copy annexed of authenticated copy of will proved abroad.

Section 6

Probate only to appointed executor.

Section 7

Appointment, express or implied.

Section 8

Persons to whom probate cannot be granted

Section 9

Grant of probate to several executors simultaneously or at different times.

Section 10

Separate probate of codicil discovered after grant of probate. Procedure when different executors appointed by codicil.

Section 11

Accrual of representation to surviving executor.

Section 12

Effect of probate.

Section 13

To whom administration may not be granted.

Section 14

Effect of letters of administration.

Section 15

Acts not validated by administration.

Section 16

Grant of administration where executor has not renounced. Exception.

Section 17

Form and effect of renunciation of executorship.

Section 18

Procedure where executor renounces or fails to accept within time limited.

Section 19

Grant of administration to universal or residuary legatee.

Section 20

Right to administration of representative of deceased residuary legatee.

Section 21

Grant of administration where no executor, nor residuary legatee, nor representative of such legatee.

Section 22

Citation before grant of administration to legatee other than universal or residuary.

Section 23

To whom administration may be granted.

Section 24

Probate of copy or draft of lost will.

Section 25

Probate of contents of lost or destroyed will.

Section 26

Probate of copy where original exists.

Section 27

Administration until will produced.

Section 28

Administration with will annexed to attorney of absent executor.

Section 29

Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.

Section 30

Administration to attorney of absent person entitled to administer, in case of intestacy.

Section 31

Administration during minority of sole executor or residuary legatee

Section 32

Administration during minority of several executors or residuary legatees.

Section 33

Administration for use and benefit of lunatic.

Section 34

Administration pendent lite.

Section 35

Probate limited to purpose specified in will.

Section 36

Administration with will annexed limited to particular purpose

Section 37

Administration limited to trust property

Section 38

Administration limited to suit.

Section 39

Administration limited to purpose of becoming party to suit to be brought against executor or administrator.

Section 40

Administration limited to collection and preservation of deceased’s property

Section 41

Appointment, as administrator, of person other than one who under ordinary circumstances would be entitled to administration.

Section 42

Probate or administration with will annexed subject to exception.

Section 43

Administration with exception.

Section 44

Probate or administration of rest.

Section 45

Grant of effects unadministered.

Section 46

Rules as to grants of effects unadministered.

Section 47

Administration when limited grant expired and still some part of estate unadministered.

Section 48

What errors may be rectified by Court.

Section 49

Procedure where codicil discovered after grant of administration with will annexed.

Section 50

Revocation or annulment for just cause

Section 51

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

Section 52

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

Section 53

District Judges powers as to grant of probate and administration.

Section 54

District Judge may order person to produce testamentary papers.

Section 55

Proceedings of District Judges Court in relation to probate and administration.

Section 56

When probate or administration may be granted by District Judge.

Section 57

Disposal of application made to Judge of District in which deceased had no fixed abode.

Section 58

Probate and letters of administration may be granted by Delegate.

Section 59

Conclusiveness of probate or letters of administration. Effect of unlimited probates, etc., granted by certain Courts.

Section 60

Transmission to High Court of certificate of grants under proviso to section 59.

Section 61

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

Section 62

Petition for probate.

Section 63

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

Section 64

Petition for letters of administration.

Section 65

Additional statements in petition for probate, etc.

Section 66

Petition for probate or administration to be signed and verified.

Section 67

Verification of petition for probate by one witness to will.

Section 68

Punishment for false averment in petition or declaration.

Section 69

District Judge may examine petitioner in person, require further evidence, and issue citations to inspect proceedings.

Section 70

Caveats against grant of probate or administration.

Section 71

Form of caveat.

Section 72

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

Section 73

District Delegate when not to grant probate or administration.

Section 74

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

Section 75

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

Section 76

Grant of probate to be under seal of Court. Form of such grant

Section 77

Grant of letters of administration to be under seal of Court. Form of such grant.

Section 78

Administration-bond

Section 79

Assignment of administration bond.

Section 80

Time before which probate or administration shall not be granted.

Section 81

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

Section 82

Grantee of probate or administration alone to sue, etc., until same revoked.

Section 83

Procedure in contentious cases.

Section 84

Payment to executor or administrator before probate or administration revoked. Right of such executor or administrator to recoup himself.

Section 85

Power to refuse letters of administration.

Section 86

Appeals from orders of District Judge.

Section 87

Concurrent jurisdiction of High Court.

Section 87A

Removal of executor or administrator and provision for successor.

Section 87B

Directions to executor or administrator

Section 88

In respect of causes of action surviving deceased, and debts due at death.

Section 89

Demands and rights of suit of or against deceased survive to and against executor or administrator.

Section 90

Power of executor or administrator to dispose of property.

Section 90A

General powers of administration.

Section 91

Purchase by executor or administrator of deceased’s property.

Section 92

Powers of several executors or administrators exercisable by one.

Section 93

Survival of powers on death of one of several executors or administrators.

Section 94

Powers of administrator of effects unadministered.

Section 95

Powers of administrator during minority.

Section 96

Powers of married executrix or administratrix.

Section 97

As to deceased funeral ceremonies.

Section 98

Inventory and account.

Section 99

Inventory to include property in any part of the State.

Section 100

As to property of, and debts owing to, deceased.

Section 101

Expenses to be paid before all debts.

Section 102

Expenses to be paid next after such expenses.

Section 103

Wages for certain services to be next paid, and then other debts.

Section 104

Save as aforesaid, all debts to be paid equally and rateably.

Section 105

Debts to be paid before legacies.

Section 106

Executor or administrator not bound to pay legacies without indemnity.

Section 107

Abatement of general legacies. Executor not to pay one legatee in preference to another.

Section 108

Not-abatement of specific legacy when assets sufficient to pay debts.

Section 109

Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.

Section 110

Rateable abatement of specific legacies.

Section 111

Legacies treated as general for purpose of abatement.

Section 112

Assent necessary to complete legatee’s title.

Section 113

Effect of executors assent to specific legacy. Nature of assent.

Section 114

Conditional assent.

Section 115

Assent of executor to his own legacy. Implied assent.

Section 116

Effect of executors assent.

Section 117

Executor when to deliver legacies.

Section 118

Commencement of annuity when no time fixed by will.

Section 119

When annuity, to be paid quarterly or monthly, first falls due.

Section 120

Date 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.

Section 121

Investment of sum bequeathed where legacy, not specific, given for life.

Section 122

Investment of general legacy, to be paid at future time. Intermediate interest.

Section 123

Procedure when no fund charged with, or appropriated to, annuity.

Section 124

Transfer to residuary legatee of contingent bequest.

Section 125

Investment of residue bequeathed for life, with direction to invest in specified securities.

Section 126

Time and manner of conversion and investment. Interest payable until investment.

Section 127

Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf.

Section 128

Legatees title to produce of specific legacy.

Section 129

Residuary legatee’s title to produce of residuary fund.

Section 130

Interest when no time fixed for payment of general legacy.

Section 131

Interest when time fixed.

Section 132

Rate of interest.

Section 133

No interest on arrears of annuity within first year after testators death.

Section 134

Interest on sum to be invested to produce annuity.

Section 135

Refund of legacy paid under Judges orders.

Section 136

No refund if paid voluntarily.

Section 137

Refund when legacy becomes due on performance of condition within further time allowed.

Section 138

When each legatee compellable to refund in proportion.

Section 139

Distribution of assets. Creditor may follow assets.

Section 140

Creditor may call upon legatee to refund.

Section 141

When legatee, not satisfied or compelled to refund under section 140, cannot oblige one paid in full to refund.

Section 142

When unsatisfied legatee must first proceed against executor, if solvent.

Section 143

Limit to refunding of one legatee to another.

Section 144

Refunding to be without interest.

Section 145

Residue after usual payments to be paid to residuary legatee.

Section 145A

Transfer of assets from the State to executor or administrator in country of domicile for distribution.

Section 146

Liability of executor or administrator for devastation.

Section 147

Liability for neglect to get in any part of property.

Section 148

Provisions applied to administrator with will annexed.

Section 149

Saving-clause.

Section 150

Probate and administration, in case Hindu, Mohammedan or Buddhist, to be granted only under this Act.

Section 151

Section 152

Section 153

Section 154

Section 155

Section 156

Section 157

Surrender of revoked probate or letters of administration.