Probate and Administration Act, 1977 (Jammu and Kashmir)

Bare Act · 1977

Act number: 29 of 1977
Enacted: 11 September 1920
Contents: 161 sections

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

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