PART VIII REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION

PART VIII REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION

211. Character and property of executor or administrator as such.

211. Character and property of executor or administrator as such.- (1) The executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such. (2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh, 1*[Jaina or Parsi] or an exempted person, nothing herein contained shall vest in an executor or administrator any property of the deceased person which would otherwise have passed by survivorship to some other person.

212. Right to intestate's property.-(1) No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, Jaina, 2*[Indian Christian or Parsi].

213. Right as executor or legatee when established.-(1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in 3*[India] has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. 4*[(2) This section shall not apply in the case of wills made by Muhammadans, and shall only apply-- (i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and --------------------------------------------------------------------- 1 Subs. by Act 16 of 1962, s. 2, for "or Jaina". 2 Subs. by s. 3, ibid., for "or Indian Christian". 3 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 4 Subs. by Act 16 of 1962, s. 4, for sub-section (2). --------------------------------------------------------------------- A (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962, (16 of 1962.) where such wills are made within the local limits of the 1*[ordinary original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.] --------------------------------------------------------------------- 1 Subs. by Act 52 of 1964, s. 3 and Sch. II, for "ordinary civil jurisdiction". ---------------------------------------------------------------------

214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.

214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.-(1) No Court shall-- (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or (b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming of-- (i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the Administrator General's Act, 1913, (3 of 1913.) and having the debt mentioned therein, or (iii) a succession certificate granted under Part X and having the debt specified therein, or (iv) a certificate granted under the Succession Certificate Act, 1889 1*, (7 of 1889.) or (v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889, having the debt specified therein. (2) The word "debt" in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.

215. Effection certificate of subsequent probate or letters of administration.

215. Effection certificate of subsequent probate or letters of administration.-(1) A grant of probate or letters of administration in respect of an estate shall be deemed to supersede any certificate previously granted under Part X or under the Succession Certificate Act, 18891* (7 of 1889), or Bombay Regulation No. VIII of 1827, in respect of any debts or securities included in the estate. (2) When at the time of the grant of the probate or letters any suit or other proceeding instituted by the holder of any such certificate regarding any such debt or security is pending, the person to whom the grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take the place of the holder of the certificate in the suit or proceeding: --------------------------------------------------------------------- 1 Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938. 128 Provided that, when any certificate is superseded under this section, all payments made to the holder of such certificate in ignorance of such supersession shall be held good against claims under the probate or letters of administration.

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

216. Grantee of probate or administration alone to sue, etc., until same revoked.-After any grant of probate or letters of administration, no other than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, throughout the State in which the same may have been granted, until such probate or letters of administration has or have been recalled or revoked.

PART IX PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED

PART IX PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED

217. Application of Part.-Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the case may be, in accordance with the provisions of this Part.

218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.

218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.-(1) If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased's estate. (2) When several such persons apply for such administration, it shall be in the discretion of the Court to grant it to any one or more of them. (3) When no such person applies, it may be granted to a creditor of the deceased.

219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.

219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.-If the deceased has died intestate and was not a person belonging to any of the classes referred to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled to obtain letters of administration of his estate and effects in the order and according to the rules hereinafter stated, namely:-- (a) If the deceased has left a widow, administration shall be granted to the widow, unless the Court sees cause to exclude her, either on the ground of some personal disqualification, or because she has no interest in the estate of the deceased. Illustrations (i) The widow is a lunatic or has committed adultery or has been barred by her marriage settlement of all interest in her husband's estate. There is cause for excluding her from the administration. (ii) The widow has married again since the decease of her husband. This is not good cause for her exclusion. (b) If the Judge thinks proper, he may associate any person or persons with the widow in the administration who would be entitled solely to the administration if there were no widow. (c) If there is no widow, or if the Court sees cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled to the estate according to the rules for the distribution of an intestate's estate: Provided that, when the mother of the deceased is one of the class of persons so entitled, she shall be solely entitled to administration. (d) Those who stand in equal degree of kindred to the deceased are equally entitled to administration. (e) The husband surviving his wife has the same right of administration of her estate as the widow has in respect of the estate of her husband. (f) When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, they may be granted to a creditor. 130 (g) Where the deceased has left property in 1*[India], letters of administration shall be granted according to the foregoing rules, notwithstanding that he had his domicile in a country in which the law relating to testate and intestate succession differs from the law of 1*[India].

220. Effect of letters of administration.-Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death.

221. Acts not validated by administration.-Letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate's estate.

222. Probate only to appointed executor.-(1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A wills that C be his executor if B will not. B is appointed executor by implication. (ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication. (iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,--"I appoint my nephew my residuary legatee to discharge all lawful demands against my will and codicils signed of different dates". The nephew is appointed an executor by implication.

223. Persons to whom probate cannot be granted.-Probate cannot be granted to any person who is a minor or is of unsound mind 2*[nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made 4*[, by notification in the Official Gazette] by the 3*[State Government] in this behalf]. --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 2 Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of this section had been omitted by Act 18 of 1927, s. 2. 3 The words "G. G. in C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above. 4 Ins. by Act 20 of 1983, s. 2 & Sch. (w.e.f. 15-3-1984).

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

224. Grant of probate to several executors simultaneously or at different times.-When several executors are appointed, probate may be granted to them all simultaneously or at different times. Illustration A is an executor of B's will by express appointment and C an executor of it by implication. Probate may be granted to A and C at the same time or to A first and then to C, or to C first and then to A.

225. Separate probate of codicil discovered after grant of probate.

225. Separate probate of codicil discovered after grant of probate.-(1) If a codicil is discovered after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the will. (2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together.

226. Accrual of representation to surviving executor.-When probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors.

227. Effect of probate.-Probate of a will when granted established the will from the death of the testator, and renders valid all intermediate acts of the executor as such.

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

228. Administration, with copy annexed, of authenticated copy of will proved abroad.-When a will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of 1*[India], and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed.

229. Grant of administration where executor has not renounced.

229. Grant of administration where executor has not renounced.- When a person appointed an executor has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been issued, calling upon the executor to accept or renounce his executorship : Provided that, when one or more of several executors have proved a will, the Court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved.

230. Form and effect of renunciation of executor-ship.-The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when --------------------------------------------------------------------- 1 Subs. by the A. O. 1950 for "His Majesty's dominions". 132 made shall preclude him from ever thereafter applying for probate of the will appointing him executor.

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

231. Procedure where executor renounces or fails to accept within time limited.-If an executor renounces or fails to accept an executorship within the time limited for the acceptance or refusal thereof, the will may be proved and letters of administration, with a copy of the will annexed, may be granted to the person who would be entitled to administration in case of intestacy.

232. Grant of administration to universal or residuary legatees.

232. Grant of administration to universal or residuary legatees.- When-- (a) the deceased has made a will, but has not appointed an executor, or (b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the will, or (c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.

233. Right to administration of representative of deceased residuary legatee.

233. Right to administration of representative of deceased residuary legatee.-When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the will annexed as such residuary legatee.

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

234. Grant of administration where no executor, nor residuary legatee nor representative of such legatee.-When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly.

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

235. Citation before grant of administration to legatee other than universal or residuary.-Letters of administration with the will annexed shall not be granted to any legatee other than an universal or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, calling on the next-of-kin to accept or refuse letters of administration.

236. To whom administration may not be granted.-Letters of administration cannot be granted to any person who is a minor or is of unsound mind, 1*[nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made 2*[", by notification in the Official Gazette,"] by the 3*[State Government] in this behalf]. 236A. Laying of rules before State Legislature. 2*[236A. Laying of rules before State Legislature.-Every rule made by the State Government under section 223 and section 236 shall be laid, as soon as it is made, before the State Legislature."].

237. Probate of copy or draft of lost will.-When a will has been lost or mislaid since the testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.

238. Probate of contents of lost or destroyed will.-When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.

239. Probate of copy where original exists.-When the will is in the possession of a person residing out of the State in which application for probate is made, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an authenticated copy of it is produced.

240. Administration until will produced.-Where no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced. --------------------------------------------------------------------- 1 Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh, or Jaina or an exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of this section had been omitted by Act 18 of 1927, s. 2. 2 Ins. by Act 20 of 1983, S. 2 & Sch. (w.e.f. 15-3-84). 3 The words "G. G. in C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above. 134 Grants for the use and benefit of others having right

241. Administration, with will annexed, to attorney of absent executor.

241. Administration, with will annexed, to attorney of absent executor.-When any executor is absent from the State in which application is made, and there is no executor within the State willing to act, letters of administration, with the will annexed, may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself.

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

242. Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.-When any person to whom, if present, letters of administration, with the will annexed, might be granted, is absent from the State, letters of administration, with the will annexed may be granted to his attorney or agent, limited as mentioned in section 241.

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

243. Administration to attorney of absent person entitled to administer in case of intestacy.-When a person entitled to administration in case of intestacy is absent from the State, and no person equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the absent person, limited as mentioned in section 241.

244. Administration during minority of sole executor or residuary legatee.

244. Administration during minority of sole executor or residuary legatee.-When a minor is sole executor or sole residuary legatee, letters of administration, with the will annexed, may be granted to the legal guardian of such minor or to such other person as the Court may think fit until the minor has attained his majority at which period, and not before, probate of the will shall be granted to him.

245. Administration during minority of several executors or residuary legatees.

245. Administration during minority of several executors or residuary legatees.-When there are two or more minor executors and no executor who has attained majority, or two or more residuary legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them shall have attained his majority.

246. Administration for use and benefit of lunatic or minor.

246. Administration for use and benefit of lunatic or minor.-If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestates' estates applicable in the case of the deceased, is a minor or lunatic, letters of administration, with or without the will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or, if there is no such person, to such other person as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be.

247. Administration pendente lite.-Pending any suit touching the validity of the will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction. Grants for special purposes

248. Probate limited to purpose specified in will.-If an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney or agent to take administration on his behalf, the letters of administration, with the will annexed, shall be limited accordingly.

249. Administration, with will annexed, limited to particular purpose.

249. Administration, with will annexed, limited to particular purpose.-If an executor appointed generally gives an authority to an attorney or agent to prove a will on his behalf, and the authority is limited to a particular purpose, the letters of administration, with the will annexed, shall be limited accordingly.

250. Administration limited to property in which person has beneficial interest.

250. Administration limited to property in which person has beneficial interest.-Where a person dies, leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to act as such, letters of administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf.

251. Administration limited to suit.-When it is necessary that the representative of a person deceased be made a party to a pending suit, and the executor, or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete execution.

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

252. Administration limited to purpose of becoming party to suit to be brought against administrator.-If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from the State within 136 which the Court which has granted the probate or letters of administration exercises jurisdiction, the Court may grant, to any person whom it may think fit, letters of administration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carrying the decree which may be made therein into effect.

253. Administration limited to collection and preservation of deceased's property.

253. Administration limited to collection and preservation of deceased's property.-In any case in which it appears necessary for preserving the property of a deceased person, the Court within whose jurisdiction any of the property is situate may grant to any person, whom such Court may think fit, letters of administration limited to the collection and preservation of the property of the deceased and to the giving of discharges for debts due to his estate, subject to the directions of the Court.

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

254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration.-(1) When a person has died intestate, or leaving a will of which there is no executor willing and competent to act or where the executor is, at the time of the death of such person, resident out of the State, and it appears to the Court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, would be entitled to a grant of administration, the Court may, in its discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as it thinks fit to be administrator. (2) In every such case letters of administration may be limited or not as the Court thinks fit. Grants with exception

255. Probate or administration, with will annexed, subject to exception.

255. Probate or administration, with will annexed, subject to exception.-Whenever the nature of the case requires that an exception be made, probate of a will, or letters of administration with the will annexed, shall be granted subject to such exception.

256. Administration with exception.-Whenever the nature of the case requires that an exception be made, letters of administration shall be granted subject to such exception. Grants of the rest

257. Probate or administration of rest.-Whenever a grant with exception of probate, or of letters of administration with or without the will annexed, has been made, the 137 person entitled to probate or administration of the remainder of the deceased's estate may take a grant of probate or letters of administration, as the case may be, of the rest of the deceased's estate. Grant of effects unadministered

258. Grant of effects unadministered.-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.

259. Rules as to grants of effects unadministered.-In granting letters of administration 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.

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

260. Administration when limited grant expired and still some part of estate unadministered.-When a limited grant has expired, by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.

261. What errors may be rectified by Court.-Errors in names and descriptions, or in setting forth the time and place of the deceased's death or the purpose in a limited grant, may be rectified by the Court and the grant of probate or letters of administration may be altered and amended accordingly.

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

262. Procedure where codicil discovered after grant of administration with will annexed.-If, after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added to the grant on due proof and identification, and the grant may be altered and amended accordingly.

263. Revocation or annulment for just cause. Revocation or annulment for just cause.-The grant of probate or letters of administration may be revoked or annulled for just cause.

Explanation.--Just cause shall be deemed to exist where-- (a) the proceedings to obtain the grant were defective in substance; or 138 (b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered. (vi) Since probate was granted, a later will has been discovered. (vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of executors under the will. (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind.

CHAPTER IV Of the Practice in granting and revoking Probates and Letters of Administration

CHAPTER IV Of the Practice in granting and revoking Probates and Letters of Administration

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

264. Jurisdiction of District Judge in granting and revoking probates, etc.-(1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no Court in any local area beyond the limits of the towns of Calcutta, Madras and 139 Bombay, 1* shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do.

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

265. Power to appoint delegate of District Judge to deal with non-contentious cases.-(1) The High Court may appoint such judicial officers within any district as it thinks fit to act for the District Judge as delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe: Provided that, in the case of High Courts not established by Royal Charter, such appointments shall not be without the previous sanction of the State Government. (2) Persons so appointed shall be called "District Delegates".

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

266. District Judge's powers as to grant of probate and administration.-The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court.

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

267. District Judge may order person to produce testamentary papers.-(1) The District Judge may order any person to produce and bring into Court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person. (2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined respecting the same. (3) Such person shall be bound to answer truly such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, in case of default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default. (4) The costs of the proceeding shall be in the discretion of the Judge. --------------------------------------------------------------------- 1 The words "and the province of Burma" omitted by the A. O. 1937.

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

268. Proceedings of District Judge's Court in relation to probate and administration.-The proceedings of the Court of the District Judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of the case permit, by the Code of Civil Procedure, 1908. (5 of 1908.)

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

269. When and how District Judge to interfere for protection of property.-(1) Until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the property. (2) This section shall not apply when the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died intestate.

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

270. When probate or administration may be granted by District Judge.-Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge.

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

271. Disposal of application made to Judge of district in which deceased had no fixed abode.-When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his own jurisdiction.

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

272. Probate and letters of administration may be granted by Delegate.-Probate and letters of administration may, upon application for that purpose to any District Delegate, be granted by him in any case in which there is no contention, if it appears by petition, verified 141 as hereinafter provided, that the testator or intestate, as the case may be, at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.

273. Conclusiveness of probate or letters of administration.

273. Conclusiveness of probate or letters of administration.- Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted: Provided that probates and letters of administration granted-- (a) by a High Court, or (b) by a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees, shall, unless otherwise directed by the grant, have like effect throughout 1*[the other States 2*]. 3*[The proviso to this section shall apply in 4*[India] 5* after the separation of Burma and Aden from India to probates and letters of administration granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.] 6*[The proviso shall also apply in 4*[India] 7* 8* after the separation of Pakistan from India to probates and letters of administration granted before the date of the separation, or after that date in proceedings pending at that date, in any of the territories which on that date constituted Pakistan.] --------------------------------------------------------------------- 1 Subs. by the A.O. 1948 for "the whole of British India". 2 The words "of India" omitted by the A.O. 1950. 3 Ins. by the A.O. 1937. 4 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 5 1st April, 1937. 6 Added by the A.O. 1948. 7 The words "of India" omitted by Act 42 of 1953, s. 4 and Sch. III. 8 15th August, 1947. 142

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

274. Transmission to High Courts of certificate of grants under proviso to section 273.-(1) Where probate or letters of administration has or have been granted by a High Court or District Judge with the effect referred to in the proviso to section 273, the High Court or District Judge shall send a certificate thereof to the following Courts, namely:-- (a) when the grant has been made by a High Court, to each of the other High Courts; (b) when the grant has been made by a District Judge, to the High Court to which such District Judge is subordinate and to each of the other High Courts. (2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same. (3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court required to send the certificate referred to in sub-section (1) shall send a copy thereof to such District Judge, and such copy shall be filed by the District Judge receiving the same.

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

275. Conclusiveness of application for probate or administration if properly made and verified.-The application for probate or letters of administration, if made and verified in the manner hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or administration; and no such grant shall be impeached by reason only that the testator or intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtained by a fraud upon the Court.

276. Petition for probate.-(1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating-- (a) the time of the testator's death. (b) that the writing annexed is his last will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner's hands, and 143 (e) when the application is for probate, that the petitioner is the executor named in the will. (2) In addition to these particulars, the petition shall further state,-- (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.

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

277. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.-In cases wherein the will, copy or draft, is written in any language other than English or than that in ordinary use in proceedings before the Court, there shall be a translation thereof annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or, if the will, copy or draft, is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely:-- "I (A.B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof.".

278. Petition for letters of administration.-(1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating-- (a) the time and place of the destator's death; (b) the family or other relatives of the deceased, and their respective residences; (c) the right in which the petitioner claims; (d) the amount of assets which are likely to come to the petitioner's hands; (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of 144 abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.

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

279. Addition to statement in petition, etc., for probate or letters of administration in certain cases.-(1) Every person applying to any of the Courts mentioned in the proviso to section 273 for probate of a will or letters of administration of an estate intended to have effect throughout 1*[India], shall state in his petition, in addition to the matters respectively required by section 276 and section 278, that to the best of his belief no application has been made to any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid, or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon. (2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same.

280. Petition for probate, etc., to be signed and verified.-The petition for probate or letters of administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner, namely:-- "I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.".

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

281. Verification of petition for probate, by one witness to will.-Where the application is for probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in the manner or to the effect following, namely:-- "I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above petition, declare that --------------------------------------------------------------------- 1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". 145 I was present and saw the said testator affix his signature (or mark) thereto (or that the said testator acknowledged the writing annexed to the above petition to be his last will and testament in my presence).".

282. Punishment for false averment in petition or declaration.

282. Punishment for false averment in petition or declaration.-If any petition or declaration which is hereby required to be verified contains any averment which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Indian Penal Code. (45 of 1860.)

283. Powers of District Judge.-(1) In all cases the District Judge or District Delegate may, if he thinks proper,-- (a) examine the petitioner in person, upon oath; (b) require further evidence of the due execution of the will or the right of the petitioner to the letters of administration, as the case may be; (c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration. (2) The citation shall be fixed up in some conspicuous part of the court-house, and also in the office of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct. (3) Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation.

284. Caveats against grant of probate or administration.-(1) Caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate. (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place 146 of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit the same. Form of caveat. (4) The caveat shall be made as nearly as circumstances admit in the form set forth in Schedule V.

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

285. After entry of caveat, no proceeding taken on petition until after notice to caveator.-No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered with the Judge or District Delegate to whom the application has been made or notice has been given of its entry with some other Delegate, until after such notice to the person by whom the same has been entered as the Court may think reasonable.

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

286. District Delegate when not to grant probate or administration.-A District Delegate shall not grant probate or letters of administration in any case in which there is contention as to the grant, or in which it otherwise appears to him that probate or letters of administration ought not to be granted in his Court. Explanation.--"Contention" means the appearance of any one in person, or by his recognised agent, or by a pleader duly appointed to act on his behalf, to oppose the proceeding.

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

287. Power to transmit statement to District Judge in doubtful cases where no contention.-In every case in which there is no contention, but it appears to the District Delegate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the District Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who may direct the District Delegate to proceed in the matter of the application, according to such instructions as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in relation to the matter of such application, leaving the party applying for the grant in question to make application to the Judge.

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

288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court.-In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it 147 necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall be sent by him to the District Judge.

289. Grant of probate to be under seal of Court.-When it appears to the District Judge or District Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI.

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

290. Grant of letters of administration to be under seal of Court.-When it appears to the District Judge or District Delegate that letters of administration to the estate of a person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VII.

291. Administration-bond.-(1) Every person to whom any grant of letters of administration, other than a grant under section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct. (2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person-- (a) the exception made by sub-section (1) in respect of a grant under section 241 shall not operate. (b) the District Judge may demand a like bond from any person to whom probate is granted.

292. Assignment of administration-bond.-The Court may, on application made by petition and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit, assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on the said bond in his or their own name or names as if the same had been originally given to him or them instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all person interested, the full amount recoverable in respect of any breach thereof.

293. Time for grant of probate and administration.-No probate of a will shall be granted until after the expiration of seven clear days, and no letters of administration shall 148 be granted until after the expiration of fourteen clear days, from the day of the testator or intestate's death.

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

294. Filing of original wills of which probate or administration with will annexed granted.-(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established. (2) The State Government shall make regulations for the preservation and inspection of the wills so filed.

295. Procedure in contentious cases.-In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908 (5 of 1908.) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.

296. Surrender of revoked probate or letters of administration.

296. Surrender of revoked probate or letters of administration.- (1) When a grant of probate or letters of administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith deliver up the probate or letters to the Court which made the grant. (2) If such person wilfully and without reasonable cause omits so to deliver up the probate or letters, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to three months, or with both.

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

297. Payment to executor or administrator before probate or administration revoked.-When a grant of probate or letters of administration is revoked, all payments bona fide made to any executor or administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the executor or administrator who has acted under any such revoked grant may retain and reimburse himself in respect of any payments made by him which the person to whom probate or letters of administration may after wards be granted might have lawfully made.

298. Power to refuse letters of administration.-Notwithstanding anything hereinbefore contained, it shall, where the deceased was a Muhammadan, Buddhist or exempted person, or a Hindu, Sikh or Jaina to whom section 57 does not apply, be in the discretion of the Court to make an order refusing, for reasons 149 to be recorded by it in writing, to grant any application for letters of administration made under this Act.

299. Appeals from orders of District Judge.-Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908.), applicable to appeals.

300. Concurrent jurisdiction of High Court.-(1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge. (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay 1* shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do.

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

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