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    Chap 6 Part AV2

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    Saumya badigineni
    This document discusses the law around probate, administration, and succession certificates in India. It outlines the requirements for executors and administrators to file an inventory of the deceased's property and credits, and to render accounts, within set timeframes. It also describes the forms used for grants of probate and letters of administration, and penalties for not complying with requirements. The document also discusses cases where a grant of probate or letters of administration in one state is effective in another, and requirements to state the amount and location of assets outside the granting state. Rules framed under the relevant sections of the Indian Succession Act are also summarized.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Chap 6 Part AV2

    Uploaded by

    Saumya badigineni
    21 views4 pages
    This document discusses the law around probate, administration, and succession certificates in India. It outlines the requirements for executors and administrators to file an inventory of the deceased's property and credits, and to render accounts, within set timeframes. It also describes the forms used for grants of probate and letters of administration, and penalties for not complying with requirements. The document also discusses cases where a grant of probate or letters of administration in one state is effective in another, and requirements to state the amount and location of assets outside the granting state. Rules framed under the relevant sections of the Indian Succession Act are also summarized.

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    This document discusses the law around probate, administration, and succession certificates in India. It outlines the requirements for executors and administrators to file an inventory of the deceased's property and credits, and to render accounts, within set timeframes. It also describes the forms used for grants of probate and letters of administration, and penalties for not complying with requirements. The document also discusses cases where a grant of probate or letters of administration in one state is effective in another, and requirements to state the amount and location of assets outside the granting state. Rules framed under the relevant sections of the Indian Succession Act are also summarized.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21 views4 pages

    Chap 6 Part AV2

    Uploaded by

    Saumya badigineni
    This document discusses the law around probate, administration, and succession certificates in India. It outlines the requirements for executors and administrators to file an inventory of the deceased's property and credits, and to render accounts, within set timeframes. It also describes the forms used for grants of probate and letters of administration, and penalties for not complying with requirements. The document also discusses cases where a grant of probate or letters of administration in one state is effective in another, and requirements to state the amount and location of assets outside the granting state. Rules framed under the relevant sections of the Indian Succession Act are also summarized.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Vol. II 1 Ch. 6-A.

    CHAPTER 6
    PROBATE, ADMINISTRATION AND SUCCESSION
    CERTIFICATES.
    PART A.—PROBATE AND ADMINISTRATION.
    1. The present law of Probate, Administration and Reference to
    Indian Succes-
    Succession Certificates is contained in Indian sion Act, 1925.
    Succession Act of 1925, as amended. The references
    below are to the Act of 1925.
    2. A person to whom a grant of Probate or Letters Inventory of
    property and
    of Administration is made is required to file a full and assets and
    true inventory of the property and credits of the estate debts and
    and of all the debts owing by any person in Court accounts
    to be put in.
    within six months, or such further time as the Court
    may allow from the date of the grant and to render
    accounts within one year, or such further time as the
    Court may allow (section 317).
    3. The form in which the grant of Probate is to be Form for grant
    of Probate and
    made will be found in Schedule VI to the Act and that Letters of Ad-
    for the grant of Letters of Administration in Schedule ministration..
    VII.
    4. The duty of an Executor or Administrator in re- Copy of Section
    gard to the exhibiting of an inventory and account and 317 prescribing
    Penality for not
    the penalty to which such Executor or Administrator filing inventory
    becomes liable for omission to comply with the requisi- and accounts to
    tion is detailed in section 317 of the Act, and this be given.

    section is printed in small type at the foot of the form of


    grant prescribed by the High Court. (Form No. 176 in
    Part A-II of Volume VI, High Court Rules and Orders). If
    for any reason the printed form is not used a copy of
    section 317 should be delivered to the person receiving
    the grant so that there may be no excuse for failure to
    comply with the requirements of the law.
    5. Section 296 provides that when a grant is Probate or
    Letters should
    revoked or annulled under section 263 the Probate or be surrendered
    Letters of Administration must be surrendered to the on revocation
    of grant.
    Court by the person to whom they were granted and a
    penalty is prescribed for failure to comply with this
    requisition.
    6. In respect of estates in which the value of the Case in which
    probate or
    property affected beyond the limits of the State does not Letters are con
    exceed Rs. 10,000 and the deceased at the time of his clusive in an-
    other State.
    death had his fixed place of abode within the
    jurisdiction of a
    Vol. II 2 Ch. 6-A.

    District Judge the grant of Probate or Letters of Adminis-


    tration by the District Judge has effect, unless otherwise
    directed by the grant, throughout the other State. (Section
    273).
    Procedure 7. Section 274 of the Act prescribes the transmission
    where Probate or
    Letters have to to the High Courts and District Judges of certificates of
    take effect in grants having effect in other State(s).
    othe r S ta te (s).

    Amount and locality


    of assets beyond
    8. Sections 276 and 278 of the Act require applicants
    the State to be to state the amount and locality of assets situated outside
    stated. the State.

    Applicants to State 9. Section 279 requires applicants, in certain cases,


    in some cases
    whether Probate or
    to state whether or not application for Probate or Letters of
    Letters have been Administration has been made to any other Court.
    applied for
    elsewhere.
    Case where copy 10. Section 283 directs the issue of a copy of the
    of citation to be
    issued outside citation outside the State to the District Judge in whose
    State. jurisdiction the property is situated.
    Inventory to include
    property in a ny
    11. Section 318 directs that in cases of the nature
    p ar t of India in described in that section, the executor or administrator
    certain cases. shall include in the inventory of the effects of the deceased
    all his movable and immovable property situated in India.

    Certificate where 12. When a grant of Probate or Letters of Adminis-


    Probate or Letters
    are effective
    tration is made, and it is intended that the grant is to have
    throughout India. effect throughout India, a certificate in the following terms
    should be endorsed at the foot of such grant, viz.,:—
    "Certified that the value of the property affected
    beyond the limits of the Punjab by the foregoing
    grant does not exceed ten thousand rupees.

    (Sd.) ,

    District Judge.
    Rules framed 13. In exercise of the powers conferred by sections 223
    under sections
    223 and 226 of and 236 of the Indian Succession Act, 1925 (XXXIX of
    the Act.
    Vol. II 3 Ch. 6-A.

    1925) the Central Government is pleased to make the


    following rules:-
    1. In these rules—
    (a) "Share capital" includes stock; and
    (b) “Trust business" means the business of acting as
    trustee under wills and settlements and as
    executor and administrator.

    2. The conditions to be satisfied by a company in order to


    render it eligible for the grant of probate or letters of
    administration under the Indian Succession Act, 1925, shall
    be the following, namely:—

    (1) The Company shall be either—

    (a) a company formed and registered under the


    Indian Companies Act, 1913, or under the
    Indian Companies Act, 1866, or under any Act
    or Acts repealed thereby, or under the Indian
    Companies Act, 1882, or a company formed
    under any other Act of the Governor-General in
    Council or of the Indian Legislature, or

    (b) a company constituted under the law of the


    United Kingdom of Great Britain and Northern
    Ireland or any part thereof, and having a place
    of business in British India, or

    (c) a company established by Royal Charter and


    having a place of business in British India.*

    (2) The company shall be a company empowered by its


    constitution to undertake trust business.

    (3) The company shall have a share capital for the time
    being subscribed of not less than—
    (a) Rs. 10 lakhs in the case of a company of the
    description specified in sub-clause (a) of clause (1)
    and
    _____________________________________________________________
    *Note.—These powers have now been transferred to the State Government,-
    vide the Government of India (Adaptation of Indian Laws) Order, 1937.
    Vol. II 4 Ch. 6-A.

    (b) £ 100,000 in the case of a company of the descrip-


    tion specified in sub-clause (b) of clause (1) of which
    at least one-half shall have been paid up in cash:

    Provided that the Central Government may exempt any


    company from the operation of this clause.

    (Government of India Notification No. F. 349/32-Judl.,


    dated the 17th January, 1933 as modified by Government of
    India Notification No. F. 242/35, dated the 27th March,
    1935).

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