페이지 이미지
PDF
ePub
[graphic]

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

. 235A District Judge's powers as to the granting of probate and administration 236 District Judge may order any person to produce testamentary papers 237 Proceedings of District Judge's Court in relation to probate and administration

238 When and how District Judge is to interfere for protection of property · 239 Probate or administration may be granted by District Judge, when

testator or intestate at his death had fixed dwelling or property within jurisdiction.

240 When application is made to Judge of District in which deceased had no fixed abode

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

· 241A Conclusiveness of probate or letters of administration .

242 Transmission of certificate by High Court granting probate, etc. to

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

243 Petition for probate

244 In what cases translation of Will to be annexed to petition

245 Verification of translation made by any person other than Court

translator Petition for letters of administration

246 Additional statements in petition for probate, etc.

246A Petition for probate or letters of administration to be signed and verified 247 Verification of petition for probate by one of the witnesses to the Will 248 Punishment for making false averment in petition or declaration

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

250 Publication of citation

ib. Caveat against grant of probate or administration

251 Form of caveat

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

253 District Delegate when not to grant probate or administration

. 253A Power to transmit statement to District Judge in doubtful cases where

no contention . Procedure, where there is contention, or District Delegate thinks probate

or letters of administration should be refused in his Court Grant of probate to be under seal of the Court

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

255 form of such grant.

ib. Administration bond Assignment of administration bond

257 Probate not to be granted until after seven days, and letters of administration until after fourteen days, from death

258 Filing of original Wills of which probate or letters of administration with Will annexed have been granted

259

[ocr errors]
[ocr errors]

SECTION

Grantee of probate or letters of administration shall alone have power to sue, etc., until same revoked

260 Procedure in contentious cases

261 Payment to executor or administrator before probate or letters of ad

ministration revoked Right of such executor or administrator to recoup himself for payments . ib. Appeals from orders made by District Judge under Act

263 Concurrent jurisdiction of High Court

264

262

[blocks in formation]
[ocr errors]

In respect of causes of action surviving deceased, and rents due at time of his death

367 Rights of action in favour of or against deceased, survive to and against his executor or administrator.

268 Power of executor or administrator to dispose of deceased's property 269 Purchase by executor or administrator of deceased's property.

270 Powers of several executors or administrators, exerciseable by one 271 Survival of powers on death of one of several executors or administrators 372 Powers of administrator of effects unadministered

273 Powers of administrator during minority

274 Powers of married executrix or administratrix

275

.

PART XXXIV.

OF THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR.

.

276

277 .2774

As to deceased's funeral .
Inventory and account
Inventory may include property in any part of British India .
Duty of executor or administrator as to property of, and debts owing to,

the deceased.
Expenses to be paid before all debts
Expenses to be paid next after such expenses .
Wages for certain services to be next paid, and then the other debts
Save as aforesaid, all debts to be paid equally and rateably
Application of moveable property to payment of debts, where deceased's

domicile foreign
Creditor paid in part under Section 283 to bring such payment into

278 279 280 281 281

283

.

account before sharing in proceeds of immoveable property Debts to be paid before legacies

284 285

[graphic]

Executor or administrator not bound to pay legacies without indemnity . 286
Abatement of general legacies
Executor not to pay one legatee in preference to another

ib. Non-abatement of specific legacy when assets sufficient to pay debts Right under demonstrative legacy, when assets are sufficient to pay debts and necessary expenses

289 Rateable abatement of specific legacies

290 Legacies treated as general for purpose of abatement

291

OF THE EXECUTOR'S ASSENT TO A LEGACY.

Executor's assent necessary to complete legatee's title
Effect of executor's assent to specific legacy
Assent may be verbal, and either express or implied
Conditional assent
Assent of executor to his own legacy
Implied assent
Assent of executor gives effect to legacy from testator's death
Executor not bound to pay or deliver legacies until after one year from

testator's death

OF THE PAYMENT AND APPORTIONMENT OF ANNUITIES.

Commencement of annuity when no time fixed by Will

298 When payment of annuity to be paid quarterly or monthly first falls due. 299 Dates of successive payments when first payment of annuity directed to be made within given time, or on day certain .

300 Apportionment where annuitant dies between times of payment

OF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES.

Investment of sum bequeathed where legacy, not specific, is given for life 301 Investment of amount of general legacy to be paid at future time . Intermediate interest

ib. Procedure when no fund charged with or appropriated to annuity. 303 Transfer to residuary legatee of amount of contingent bequest.

304 Investment of residue bequeathed to one for life, without direction to invest in specified securities.

305 Investment of residue bequeathed to one for life, with such direction

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

ib. Procedure where minor is entitled to immediate payment, and no direction

to pay to any one on his behalf

PART XXXVIII.

OF THE PRODUCE AND INTEREST OF LEGACIES.

SECTION

Legatee of specific legacy entitled to produce thereof from testator's death 309 Residuary legatee entitled to produce of residuary fund from testator's death 310 Interest when no time is fixed for payment of general legacy .

311 Interest when time has been fixed .

312 Rate of interest

313 No interest payable on arrears of annuity within first year after testator's death

314 Interest payable on sum to be invested to produce annuity

315

.

.

PART XXXIX.

OF THE REFUNDING OF LEGACIES.

316

.

.

Refund of legacy paid under Judge's orders
No refund if legacy paid voluntarily

317 Refund when legacy has become due on performance of condition within further time allowed under Section 124 .

318 When each legatee is compellable to refund in proportion

319 Distribution of assets

320 Creditor may follow assets

3. Within what period creditor may call upon legatee to refund .

321 When legatee who has not received payment or who has been compelled

to refund under Section 321 cannot oblige one who has received
payment in full to refund

322 When unsatisfied legatee inust first proceed against executor, if solvent . 323 Limit to refunding of one legatee to another

324 Refunding to be without interest

325 Residue of deceased's property after usual payments to be paid to re

siduary legatee

.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

326

[blocks in formation]

MISCELLANEOUS. Repealed

329 Repealed

330 Succession to property of Hindús, Muhammadans, or Buddhists, and cer

tain Wills, intestacies and marriages, not affected by this Act. 331 Power of Governor-General in Council to exempt from operation of Act. 332

[ocr errors]
[merged small][ocr errors][ocr errors]
[graphic]

ACT No. X OF 1865.

PASSED BY THE GOVERNOR-GENERAL

OF INDIA IN COUNCIL.

(Received the assent of the Governor-General on the 16th March 1865.)

An Act to amend and define the Law of Intestate and

Testamentary Succession in British India.

WHEREAS it is expedient to amend and define the rules of Preamble. law applicable to intestate and testamentary succession in British India ; It is enacted as follows:

PRELIMINARY. 1. This Act may be cited as “ The Indian Succession Act, Short Title. 1865.

2. Except as provided by this Act or by any other law for This Act to the time being in force?, the rules herein contained shall be the law constitute the law of British India applicable to all cases of India in

cases of intestate or testamentary succession 3.

Succession. 3. In this Act, unless there be something repugnant in the Interpreta

tion Clause. subject or context, Words importing the singular number include the plural : 'Number.'

"Gender.' words importing the plural number include the singular; and words importing the male sex include females. * See infra, secs. 331, 332.

3 This operates as a repeal of the See the Pársí Succession Act, previously existing law on the subject, XXI of 1863, sec. 8.

12 Ben. 427, per Macpherson J. z

VOL. I.

« 이전계속 »