The Jammu and Kashmir Probate and Administration Act, 1920

Short title, extent and commencement.

1. (1) This Act may be called the Jammu and Kashmir Probate and Administration Act, 1977.
2. (2) It extends to the whole of the Jammu and Kashmir State.
3. (3) It shall come into force on the 1st day of Baisakh, 1978.

Application.—This Act shall apply in all cases of intestate succession whether occurring before, on or after the date of commencement of this Act.

Interpretation-clause.—In this Act, unless there be something repugnant in the subject or context,— "Province" means the Jammu and Kashmir State: "Codicil" means an instrument made in relation to a will and explaining, altering or adding to its dispositions; "Executor" means a person to whom the execution of the last will of a deceased person is, by testators appointment, confided; "Probate" means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator; "Administrator" means a person appointed by competent authority to administer the estate of a deceased person when there is no executor; and "District Judge" means the Judge of a principal civil Court of original jurisdiction.

Character and property of executor or administrator as such.—The executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such.

Administration with copy annexed of authenticated copy of will proved abroad.—When a will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State, and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed.

Probate only to appointed executor.—Probate can be granted only to an executor appointed by the will.

Appointment, express or implied.—The appointment of an executor may be express, or by necessary implication.

Persons to whom probate cannot be granted.—Probate cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by the Government in this behalf.

Grant of probate to several executors simultaneously or at different times.—When several executors are appointed, probate may be granted to them all simultaneously or at different times.

Separate probate of codicil discovered after grant of probate.—If a codicil be discovered after the grant of a probate, a separate probate of that codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the will.

Accrual of representation to surviving executor.—When probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors.

Effect of probate.—Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such.

To whom administration may not be granted.—No person who is a minor or is of unsound mind shall be competent to accept letters of administration.

Effect of letters of administration.—Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death.

Acts not validated by administration.—Letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate’s estate.

Grant of administration where executor has not renounced.—When a person appointed an executor has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been issued, calling upon the executor to accept or renounce his executorship.

Form and effect of renunciation.—The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when made it shall preclude him from ever thereafter applying for probate of the will appointing him executor.

Procedure where executor renounces or fails to accept within time fixed.—If the executor renounces or fails to accept the executorship within the time limited for the acceptance or refusal thereof, the will may be proved and letters of administration, with a copy of the will annexed, may be granted to the person who would be entitled to administration in case of intestacy.

Grant of administration to representative of deceased residuary legatee.—When the executor dies after having proved the will, but before he has administered all the estate of the deceased, an universal or residuary legatee may be admitted to prove the will, and letters of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.

Right to administration of estate of deceased unadministered by residuary legatee.—When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the will annexed as such residuary legatee.

Grant of administration where no executor, nor residuary executor or residuary legatee, nor representative of such legatee.—When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly.

Citation before grant of administration to legatee other than universal or residuary.—Letters of administration with the will annexed shall not be granted to any legatee other than an universal or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, calling on the next-of-kin to accept or refuse letters of administration.

To whom administration may be granted.—When the deceased has died intestate, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate of an intestate applicable in the case of such deceased, would be entitled to the whole or any part of such deceaseds estate.

1. (1) When several such persons apply for administration, it shall be in the discretion of the Court to grant it to any one or more of them.
2. (2) When no such person applies it may be granted to a creditor of the deceased.

Probate of copy or draft of lost will.—When a will has been lost or mislaid since the testators death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it be produced.

Probate of contents of lost or destroyed will.--When a will has been lost or destroyed and no copy has been made and no draft preserved, probate may be granted of its contents, if they can be established by evidence.

Probate of copy where original exists.--When the will is in the possession of a person, residing out of the Province in which application for probate is made, who has refused to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an authenticated copy of it be produced.

Administration until will produced.--Where no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, administration shall be limited until the will is produced.

Administration with will annexed to attorney of absent executor.--When any executor is absent from the Province in which the application is made, and there is no executor within the Province willing to act, letters of administration with the will annexed may be granted to the attorney or agent of the absent executor, for the use and benefit of the absent executor, limited until he shall obtain probate or letters of administration for himself.

Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.--When any person to whom, if present, letters of administration with the will annexed might be granted, is absent from the Province, letters of administration with the will annexed may be granted to his agent, limited as before-mentioned.

Administration to attorney of absent person entitled to administer in case of intestacy.--When a person entitled to administration in case of intestacy is absent from the Province, and no person equally entitled is willing to act, letters of administration may be granted to the agent of the absent person, limited as before-mentioned.

Administration during minority of sole executor or residuary legatee.--When a minor is sole executor or sole residuary legatee, letters of administration with the will annexed may be granted to the legal guardian of such minor, or to such other person as the Court shall think fit, until the minor has attained his majority, at which period, and not before, probate of the will shall be granted to him.

Administration during minority of several executors or residuary legatee.--When there are two or more minor executors and no executor who has attained majority, or two or more residuary legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them has attained his majority.

Administration for use and benefit of lunatic.--If a sole executor or sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestates estates applicable in the case of the deceased, be a minor or lunatic, letters of administration with or without the will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or if there be no such person, to such other person as the Court thinks fit to appoint, for the use and benefit of the minor or lunatic, until he attains majority or becomes of sound mind, as the case may be.

Administration pendente lite.--Pending any suit touching the validity of the will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction.

Probate limited to purpose specified in will.--If an executor be appointed for any limited purpose specified in the will, the probate shall be limited to that purpose and, if he should appoint an agent to take administration on his behalf, the letters of administration with the will, annexed shall accordingly be limited.

Administration with will annexed.--

Administration for use and benefit of beneficiary.--When it appears to the Court to be necessary or convenient to appoint some person to administer the estate or any part thereof other than the person who under ordinary circumstances would be entitled to a grant of administration, the Judge may, in his discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as he thinks fit to be administrator; and in every such case letters of administration may be limited or not as the Judge thinks fit.

Probate or administration with will annexed subject to exception.--Whenever the nature of the case requires that an exception be made, probate of a will or letters of administration with the will annexed shall be granted subject to such exception.

Administration with exception.--Whenever the nature of the case requires that an exception be made letters of administration shall be granted subject to such exception.

Probate or administration of rest.--When a limited grant of probate, or letters of administration with the will annexed, has been made, the person entitled to the remainder of the deceased's estate may apply for probate, or letters of administration, as the case may be, of the rest of the dead estate.

Grant of effects unadministered.--If the executor to whom probate has been granted has died leaving a part of the testator's estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate.

Rules as to grants of effects unadministered.--In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made.

Administration when limited grant expired and there is still some part of estate unadministered.--When a limited grant has expired by effluxion of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to the persons to whom original grants might have been made.

What errors may be rectified by Court.--Errors in names and descriptions, or in setting forth the time and place of the deceased's death, or the purpose in a limited grant, may be rectified by the Court, and the grant of probate or letters of administration may be altered and amended accordingly.

Procedure where codicil discovered after grant of administration with will annexed.--If, after the grant of administration with the will annexed, a codicil be discovered, it may be added to the grant on due proof and identification and the grant accordingly.

Revocation or amendment for just cause.--Grant of probate or letters of administration may be revoked or amended for just cause. Explanation.--Just cause is-- 1st, that the proceedings to obtain the grant were defective in substance; 2nd that the grant was obtained fraudulently or by concealing from the Court something material to the case; 3rd, that the grant was obtained by means of untrue allegation of a fact essential in point of law to justify the grant, such allegation was made in ignorance or inadvertently; 4th, that the grant has become useless and inoperative through circumstances; 5th, that the person to whom the grant has been made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII, or has exhibited under that Chapter an inventory or account which is untrue in a material respect.

Jurisdiction of District Judge in granting and revoking probates and letters of administration.--The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district.

Power to appoint Delegates of District Judge to deal with non-contentious cases.--The High Court may, from time to time, appoint such judicial officers within any district as it thinks fit to act for the District Judge as Delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may from time to time determine: Provided that, such appointment be made with the previous sanction of [the Government].

District Judges powers as to grant of probate and administration District Judges powers as to grant of probate and administration.--The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding depending in his Court.

District Judge may order person to produce testamentary papers.-The District Judge may order any person to produce and bring into Court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person; and if it be not shown that any such paper or writing is in the possession or under the control of such person, but that he has the knowledge of any such paper or writing, the District Judge may direct such person to attend for the purpose of being examined respecting the same; and such person shall be bound to answer such interrogatories as may be put to him.

Conclusiveness of probate or letters of administration.-Probate or letters of administration shall have effect over all the property, movable or immovable, of the deceased throughout the Province in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors paying their debts, and all persons delivering up such property to the person to whom such probate or letters of administration shall have been granted: Effect of unlimited probates, etc., granted by certain Courts. Provided that probates and letters of administration granted-

1. (a) by the High Court, or
2. (b) by a District Judge, where the deceased at the time of his death had his fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property affected beyond the limits of the province does not exceed six thousand rupees, shall unless otherwise directed by the grant, have like effect throughout the whole of the State.

Transmission to High Court of certificates of grants under section 59.-(1) Where probate or letters of administration has or have been granted by the District Judge with the effect referred to in the proviso to section 59, the District Judge shall send a certificate thereof to the High Court.

1. (2) Every certificate referred to in sub-section (1) shall be to the following effect, namely:-- I, A, B., District Judge of hereby certify that on the day of granted probate of the will (or letters of administration of the estate) of C. D. late of deceased, to E. F. of and G. H. of and that such probate (or letters) has (or have) effect over all the property of the deceased throughout the whole of the State; and such certificate shall be filed by the High Court.

Procedure in petition for probate or letters of administration [Section text not available in the official gazette publication.]

In what cases translation of will to be annexed to petition.-In cases wherein the will, copy or draft is in a language not in ordinary use in proceedings before the Court, a translation thereof annexed to the petition shall be provided; and the translation shall be verified by the person who translated the same, in the following manner:--

Petition for letters of administration Petition for letters of administration.-Petition for letters of administration shall be made by petition distinctly written, stating the time and place of the deceased's death, the family or other relatives of the deceased, and their respective residences, the right in which the petitioner claims, the amount of assets which are likely to come to the petitioner's hands. In addition to these particulars, the petition shall further state, when the application is to a District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. When the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another Province, the petition shall further state the amount of such assets in each Province and the District Judges within whose jurisdiction such assets are situate.

Additional statements in petition for probate, etc.-Every person applying to any of the Courts mentioned in the proviso to section 59 for probate of a will or letters of administration of an estate, intended to have effect throughout the State, shall state in his petition, in addition to the matters respectively required by sections 62 and 64, that to the best of his belief no application has been made to any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid, or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon.

Petition for probate or administration to be signed and verified Petition for probate or administration to be signed and verified.-The petition for probate or letters of administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner or to the like effect:-- I (A.

Verification of petition for probate by one witness to will Verification of petition for probate by one witness to will.-Where the application is for probate, or for letters of administration with the will annexed, the petition shall also be verified by at least one of the witnesses to the will (when procurable), in the manner or to the effect following:-- I (C. D.), one of the witnesses to the last will and testament of the testator do declare that I was present and saw the said testator (or that the said testator acknowledged) the above petition to be his last will and testament in my presence.

Punishment for false averment in petition or declaration.-If any petition or declaration which is hereby required contains any averment which the person making the same knows or believes to be false, such person shall be subject to the provisions of the law for the time being in force for the punishment of the offence of giving or fabricating false evidence.

District Judge may examine petitioner in person, require further evidence, and issue citations to inspect proceedings.-It shall be lawful for the District Judge or District Delegate to examine the petitioner in person upon oath, and also to require further evidence of the due execution of the will, or the right of the petitioner to the letters of administration, as the case may be, and to issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see proceedings before the grant of probate or letters of administration. Publication of citation.-The citation shall be fixed up in some conspicuous part of the court-house, and also in the office of the Collector of the district,

Caveats against grant of probate or administration.-Caveats against the grant of probate or administration may be lodged with the District Judge or District Delegate; and immediately on any caveat being lodged with any District Delegate, he shall send a copy thereof to the District Judge.

Form of caveat.-A caveat shall be to the following effect:-- Let nothing be done in the matter of the estate of C. D., late of deceased, who died on the day of at without notice to E. F. of.

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

District Delegate when not to grant probate or administration.-District Delegate shall not grant probate or letters of administration in any case in which there is contention as to the grant, or in which it otherwise appears to the District Delegate that probate or letters of administration ought not to be granted in his Court.

Grant of probate to be under seal of Court.-Every grant of probate or letters of administration shall be under the seal of the Court.

Power to refuse letters of administration.-The District Judge or District Delegate may refuse to grant letters of administration when in his opinion it is not desirable to grant such letters to any person applying therefor.

Appeals from orders of District Judge.-Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions contained in the Code of Civil Procedure.

Concurrent jurisdiction of High Court.-The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge.

A. Removal of executor or administrator and provision for successor.-The High Court may, on application made to it, suspend, remove or discharge any executor or administrator and provide for the succession of another person merely in the place of an executor or administrator who may have been removed or discharged.

B. Directions to executor or administrator.-The High Court may, on application made to it, give to any executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof.

In respect of causes of action surviving deceased, and debts due at death.-In respect of all causes of action surviving the deceased, and in respect of all demands whatsoever and all rights to prosecute or defend any suit or special proceeding, existing in favour of or against a person at the time of his decease, his executor or administrator shall perform the same acts and have the same powers as the deceased person would have performed and had, if he had survived, except only in cases where the cause of action dies with the person.

Demands and rights of suit of or against deceased survive to and against executor or administrator.-All demands whatsoever and all rights to prosecute or defend any suit or other proceeding, existing in favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Ranbir Penal Code, or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed, or granting it would be nugatory.

Power of executor or administrator to dispose of property.-An executor or administrator has power to dispose of the property of the deceased, vested in him under the provisions of this Act, either wholly or in part, in such manner as he may think fit.

A. General powers of administration.-An executor or administrator may, in addition to, and not in derogation of, any other powers of expenditure lawfully exercisable by him, incur expenditure for the following purposes:--

1. (a) for the funeral, deathbed and other necessary expenses of the deceased;
2. (b) for the preservation of the estate of the deceased;
3. (c) for paying debts and liabilities of the deceased;
4. (d) for the maintenance and education of the minor children and dependents of the deceased, where the deceased has not made other provision for them.

Purchase by executor or administrator of deceaseds property.-If an executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold.

Powers of several executors or administrators exercisable by one.-When there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the will or taken out administration.

Survival of powers on death of executors or administrators.-Upon the death of one or more of several executors or administrators, all the powers of the office become vested in the survivors or survivor.

Powers of administrator of effects unadministered.-The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator.

Powers of administrator during minority.-An administrator during minority has all the powers of an ordinary administrator.

Powers of married executrix or administratrix.-When a grant of probate or letters of administration has been made to a married woman, she has all the powers of an ordinary executor or administrator.

As to deceaseds funeral and deathbed expenses and deathbed debts.-An executor or administrator shall pay out of the estate of the deceased his funeral expenses and deathbed charges, including fees for medical attendance, and board and lodging for one month previous to his death; and such expenses shall be paid in priority to all other debts.

Inventory and account.

1. (1) An executor or administrator shall, within six months from the grant of probate or letters of administration, or within such further time as the Court may from time to time appoint, exhibit in that Court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the deceased was entitled or liable in that capacity.
2. (4) The exhibition of an intentional false inventory or account under this section shall be deemed to be an offence under section 193 of that Code.

Inventory to include property in any part of the State.

As to property of, and debts owing to, 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 other debts.

Save as aforesaid, all debts to be paid equally and rateably.

Debts to be paid before legacies.

Executor or administrator not bound to pay legacies without indemnity.

Abatement of general legacies.

Non-abatement of specific legacy when assets sufficient to pay debts.

Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.

Rateable abatement of specific legacies.

Legacies treated as general for purpose of abatement.

Assent necessary to complete legatees title. The legacy of a deceased person cannot be delivered to the legatee until the assent of the executor or administrator has been obtained.

1. (a) A by his will has bequeathed to C in Calcutta in the tenancy of B.

Effect of executors assent to specific legacy Effect of executors assent to specific legacy. The assent of the executor to a specific legacy shall be sufficient to divest his interest as executor therein, and to transfer the title of the same to the legatee, unless the nature of the circumstances of the property require that it be transferred in a particular way. Nature of assent. - This assent may be verbal, and it may be either express or implied from the conduct of the executor.

1. (a) A horse is bequeathed. The executor requests the legatee to dispose of it, or a third party proposes to purchase the horse from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied.
2. (b) The interest of a fund is directed by the will to be applied for the maintenance of the legatee during his minority. The executor commences so to apply it. This is an assent to the whole of the bequest.
3. (c) A bequest is made of a fund to A, and after him to B. The executor pays the interest of the fund to A. This is an implied assent to the bequest in favour of B.
4. (d) Executors die after paying all the debts of the testator, and setting aside the satisfaction of specific legacies. Assent to the legacies may be presumed.
5. (e) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection from the executor.

Conditional assent Conditional assent. The assent of an executor to a legacy may be conditional, and if the condition be one which he has a right to enforce and it is not performed, there is no assent. Illustrations.

1. (a) A bequeaths to B his lands of Sukanpur, which at the date of the will and at the death of A, were subject to a mortgage for 10,000 rupees. The executor assents to the bequest on condition that B shall within a limited time pay the amount due on the mortgage at the testator's death. The amount is not paid. There is no assent.
2. (b) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made.

Assent of executor to his own legacy Assent of executor to his own legacy. When the executor is a legatee, his assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the bequest is to another person, and his assent may in like manner be expressed or implied. Implied assent. - Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of legatee and is not referable to his character of executor. An executor takes the rent of a leasehold or government securities bequeathed to himself, and applies it to his own use.

Effect of executors assent Effect of executors assent. The assent of the executor to a legacy gives effect to it from the death of the testator.

1. (a) A legatee sells his legacy before it is assented to by the executor. The executor's subsequent assent operates for the benefit of the purchaser, and completes his title to the legacy.
2. (b) A bequeaths 1,000 rupees to B the executor does not assent to this bequest during his life.

Executor when to deliver legacies Executor when to deliver legacies. The executor is not bound to pay or deliver any legacy until the expiration of one year from the testator's death. A by his will directs his legacy to be paid within six months after his death.

Procedure when no fund charged with, or appropriated to, annuity Procedure when no fund charged with, or appropriated to, annuity.

Transfer to residuary legatee of contingent bequest Transfer to residuary legatee of contingent bequest.

Investment of residue bequeathed for life, with direction to invest in specified securities Investment of residue bequeathed for life, with direction to invest in specified securities. Where the testator bequeaths the residue of his estate to a legatee for life in trust for his benefit, and directs that it shall be invested in certain specified securities, so much of the estate as is not at the time of his death invested in securities of the specified kind shall be converted into money and invested in such securities.

Conversion and investment in case of legacy for life. Such conversion and investment as is referred to in section 125 shall be made at such times and in such manner as the Court thinks fit; and, until such conversion and investment are completed, the person who would be for the time being entitled to the income of the fund so invested shall receive interest at the rate of six per centum per annum upon the market-value (to be computed at the date of the testator's death) of such part of the fund as shall not yet have been so invested.

Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf. Where a minor is entitled to immediate payment or possession of a bequest, and no direction to pay to the person on his behalf is contained in the will, the executor or administrator shall petition the Court of the District Judge by which probate was, or letters of administration with the will annexed were, granted, to pay the legacy into that Court of the District Judge, to the account of the legatee, and such payment shall be a sufficient discharge for the money paid; and such money, when paid in, shall be invested in the purchase of Government securities, which, with the interest thereon, shall be transferred or paid to the person entitled thereto, or otherwise applied for his benefit, as the Judge may direct.

Legatees title to produce of specific legacy.

Residuary legatees title to produce of residuary fund Residuary legatees title to produce of residuary fund.

Interest when no time fixed for payment of general legacy Interest when no time fixed for payment of general legacy.

Interest when time fixed Interest when time fixed.

Rate of interest Rate of interest.

No interest on arrears of annuity first year after testators death No interest on arrears of annuity first year after testators death.

Interest on sum to be invested to produce annuity Interest on sum to be invested to produce annuity.

Refunding of legacy paid under Court orders Refunding of legacy paid under Court orders.

No refund if paid voluntarily.

Refund when legacy becomes due on performance of condition within further time allowed Refund when legacy becomes due on performance of condition within further time allowed. When the time prescribed by the will for the performance of a condition has elapsed, without the condition having been performed, and the executor has thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under the second clause of this section, for the performance of the condition, and the condition has been performed, the legacy shall, subject to the conditions herein, be payable to the legatee. Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed or as a condition upon the non-fulfilment of which the subject-matter of the bequest is to go over to another person, or the bequest is to cease to have effect, the act must be performed within the time set, unless the performance of it be prevented by fraud, in which case such time shall be allowed as if requisite to make up for the delay caused by such fraud.

When each legatee compelable to refund in proportion. When the executor has paid the amount of the legacy, and the legatee has paid it back to discharge a debt of which the legatee had notice, then the legatee is entitled to call upon each legatee to refund in proportion.

Distribution of assets.

Creditor may call upon legatee to refund Creditor may call upon legatee to refund.

When legatee, not satisfied or compelled to refund, cannot oblige one paid in full to refund.

When unsatisfied legatee must first proceed against executor, if solvent.

Limit to refunding of one legatee to another.

Refunding to be without interest.

Residue after usual payments to be paid to residuary legatee.

A.

Liability of executor or administrator for devastation Liability of executor or administrator for devastation.

Liability for neglect to get in any part of property Liability for neglect to get in any part of property.

Provisions applied to administrator with will annexed Provisions applied to administrator with will annexed.

Saving clause Saving clause. Nothing herein contained shall—

1. (a) validate any testamentary disposition which would otherwise have been invalid;
2. (b) invalidate any such disposition which would otherwise have been valid;
3. (c) deprive any person of any right to which he would otherwise have been entitled.

Probate and administration to Muhammadan or Buddhist to be within this Act.