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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
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
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
OF THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR.
As to deceased's funeral .
278 279 280 281 281
account before sharing in proceeds of immoveable property Debts to be paid before legacies
Executor or administrator not bound to pay legacies without indemnity . 286
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
OF THE EXECUTOR'S ASSENT TO A LEGACY.
Executor's assent necessary to complete legatee's title
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
OF THE PRODUCE AND INTEREST OF LEGACIES.
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
OF THE REFUNDING OF LEGACIES.
Refund of legacy paid under Judge's orders
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
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
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
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