The Jammu and Kashmir Probate and Administration Act, 1920

Language

General1977130 sections

This Act governs the grant of probate of wills and letters of administration for the estates of deceased persons in Jammu and Kashmir. It sets out who can get probate or administration, the rights and duties of executors and administrators, and how they manage and distribute the deceased person's property.

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1. Short title, extent and commencement
2. Application
3. Interpretation-clause
4. Character and property of executor or administrator as such
5. Administration with copy annexed of authenticated copy of will proved abroad
6. Probate only to appointed executor
7. Appointment, express or implied
8. Persons to whom probate cannot be granted
9. Grant of probate to several executors simultaneously or at different times
10. Separate probate of codicil discovered after grant of probate
11. Accrual of representation to surviving executor
12. Effect of probate
13. To whom administration may not be granted
14. Effect of letters of administration
15. Acts not validated by administration
16. Grant of administration where executor has not renounced
17. Form and effect of renunciation
18. Procedure where executor renounces or fails to accept within time fixed
19. Grant of administration to representative of deceased residuary legatee
20. Right to administration of estate of deceased unadministered by residuary legatee
21. Grant of administration where no executor, nor residuary executor or residuary legatee, nor representative of such legatee
22. Citation before grant of administration to legatee other than universal or residuary
23. To whom administration may be granted
24. Probate of copy or draft of lost will
25. Probate of contents of lost or destroyed will
26. Probate of copy where original exists
27. Administration until will produced
28. Administration with will annexed to attorney of absent executor
29. Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer
30. Administration to attorney of absent person entitled to administer in case of intestacy
31. Administration during minority of sole executor or residuary legatee
32. Administration during minority of several executors or residuary legatee
33. Administration for use and benefit of lunatic
34. Administration pendente lite
35. Probate limited to purpose specified in will
36. Administration with will annexed
41. Administration for use and benefit of beneficiary
42. Probate or administration with will annexed subject to exception
43. Administration with exception
44. Probate or administration of rest
45. Grant of effects unadministered
46. Rules as to grants of effects unadministered
47. Administration when limited grant expired and there is still some part of estate unadministered
48. What errors may be rectified by Court
49. Procedure where codicil discovered after grant of administration with will annexed
50. Revocation or amendment for just cause
51. Jurisdiction of District Judge in granting and revoking probates and letters of administration
52. Power to appoint Delegates of District Judge to deal with non-contentious cases
53. Every person so appointed shall be called District Delegate.
54. District Judge may order person to produce testamentary papers
59. Conclusiveness of probate or letters of administration
60. Transmission to High Court of certificates of grants under section 59
62. Procedure in petition for probate or letters of administration
63. In what cases translation of will to be annexed to petition
64. I (A, B,), do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof.
65. Additional statements in petition for probate, etc
66. And the Court to which any application is made under the proviso to section 59 may, if it think fit, reject the same.
67. B.,) the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.
68. Punishment for false averment in petition or declaration
69. District Judge may examine petitioner in person, require further evidence, and issue citations to inspect proceedings
70. Caveats against grant of probate or administration
71. Form of caveat
72. After entry of caveat, no proceeding taken on petition until after notice to caveator
73. District Delegate when not to grant probate or administration
76. Grant of probate to be under seal of Court
85. Power to refuse letters of administration
86. Appeals from orders of District Judge
87. Concurrent jurisdiction of High Court
87A. Removal of executor or administrator and provision for successor
87B. Directions to executor or administrator
88. In respect of causes of action surviving deceased, and debts due at death
89. Demands and rights of suit of or against deceased survive to and against executor or administrator
90. Power of executor or administrator to dispose of property
90A. General powers of administration
91. Purchase by executor or administrator of deceaseds property
92. Powers of several executors or administrators exercisable by one
93. Survival of powers on death of executors or administrators
94. Powers of administrator of effects unadministered
95. Powers of administrator during minority
96. Powers of married executrix or administratrix
97. As to deceaseds funeral and deathbed expenses and deathbed debts
98. Inventory and account
99. Inventory to include property in any part of the State
100. As to property of, and debts owing to, deceased
101. Expenses to be paid before all debts
102. Expenses to be paid next after such expenses
103. Wages for certain services to be next paid, and then other debts
104. Save as aforesaid, all debts to be paid equally and rateably
105. Debts to be paid before legacies
106. Executor or administrator not bound to pay legacies without indemnity
107. Abatement of general legacies
108. Non-abatement of specific legacy when assets sufficient to pay debts
109. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
110. Rateable abatement of specific legacies
111. Legacies treated as general for purpose of abatement
112. Assent necessary to complete legatees title
113. C is not entitled to receive the legacy without the assent of the executor.
114. His assent may be presumed.
115. The assent is nevertheless valid.
116. This is assent.
117. At A's death, B is entitled to the legacy.
123. The executor is not bound to pay it before the expiration of the year.
124. Where no fund is charged with, or appropriated to, an annuity, or where the fund is not sufficient, the legatee is entitled to a sum of money sufficient to produce the annuity.
125. Where a bequest is contingent, the executor is not bound to pay the legacy without such security as the Court thinks sufficient to refund the legacy in the event of the contingency happening.
126. Conversion and investment in case of legacy for life
127. Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf
128. Legatees title to produce of specific legacy
129. The legatee of a specific legacy is entitled to the clear produce thereof, if any, from the testator's death.
130. The legatee under a general residuary bequest is entitled to the produce of the residuary fund from the testator's death.
131. When no time has been fixed for the payment of a general legacy, interest begins to run from the expiration of one year from the testator's death.
132. When a time has been fixed, interest begins to run from the time so fixed.
133. The rate of interest shall be six per cent per annum.
134. No interest shall be payable on the arrears of an annuity within the first year from the death of the testator.
135. Where a sum of money is directed to be invested to produce an annuity, interest is payable on it from the death of the testator.
136. No refund if paid voluntarily
137. When an executor has voluntarily paid a legacy, he cannot call upon a legatee to refund in the event of the.
138. When each legatee compelable to refund in proportion
139. Distribution of assets
140. Creditor may follow assets.
141. When legatee, not satisfied or compelled to refund, cannot oblige one paid in full to refund
142. When unsatisfied legatee must first proceed against executor, if solvent
143. Limit to refunding of one legatee to another
144. Refunding to be without interest
145. Residue after usual payments to be paid to residuary legatee
145A. Transfer of assets from the State to executor or administrator in country of domicile for distribution
146. Transfer of assets from the State to executor or administrator in country of domicile for distribution.
147. When an executor or administrator misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned.
148. When an executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of the deceased, he is liable to make good the amount.
149. In Chapters VIII, IX, X and XII of this Act, the provisions as to an executor shall apply also to an administrator with the will annexed.
150. Probate and administration to Muhammadan or Buddhist to be within this Act

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