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

Jammu and Kashmir

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

Act number
29 of 1977
Department
Social Welfare
Enacted
11 Sep 1920
In force from
8 Apr 1925

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

161 sections

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