The Jammu and Kashmir Probate and Administration Act, 1977

Language

General1977161 sections

This legislation establishes the legal procedure for managing and distributing the property of a deceased person in the region. It regulates how courts grant probate to validate wills and issue letters of administration when someone dies without a valid will or an active executor. Applying to everyone who passes away within its jurisdiction, including Hindus, Muslims, and Buddhists, the law defines the explicit powers, duties, and legal liabilities of executors and administrators. It ensures that debts and funeral expenses are settled before legacies are distributed, safeguarding the rights of creditors, heirs, and beneficiaries while preventing the unauthorized misapplication of estate assets.

Start reading →Read full ActSections

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. Procedure when different executors appointed by codicil.
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. Exception.
17. Form and effect of renunciation of executorship.
18. Procedure where executor renounces or fails to accept within time limited.
19. Grant of administration to universal or residuary legatee.
20. Right to administration of representative of deceased residuary legatee.
21. Grant of administration where no executor, nor 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 legatees.
33. Administration for use and benefit of lunatic.
34. Administration pendent lite.
35. Probate limited to purpose specified in will.
36. Administration with will annexed limited to particular purpose
37. Administration limited to trust property
38. Administration limited to suit.
39. Administration limited to purpose of becoming party to suit to be brought against executor or administrator.
40. Administration limited to collection and preservation of deceased’s property
41. Appointment, as administrator, of person other than one who under ordinary circumstances would be entitled to administration.
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 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 annulment for just cause
51. Jurisdiction of District Judge in granting and revoking probates, etc.
52. Power to appoint Delegate of District Judge to deal with non-contentious cases.
53. District Judges powers as to grant of probate and administration.
54. District Judge may order person to produce testamentary papers.
55. Proceedings of District Judges Court in relation to probate and administration.
56. When probate or administration may be granted by District Judge.
57. Disposal of application made to Judge of District in which deceased had no fixed abode.
58. Probate and letters of administration may be granted by Delegate.
59. Conclusiveness of probate or letters of administration. Effect of unlimited probates, etc., granted by certain Courts.
60. Transmission to High Court of certificate of grants under proviso to section 59.
61. Conclusiveness of application for probate or administration, if properly made and verified.
62. Petition for probate.
63. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.
64. Petition for letters of administration.
65. Additional statements in petition for probate, etc.
66. Petition for probate or administration to be signed and verified.
67. Verification of petition for probate by one witness to will.
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.
74. Power to transmit statement to District Judge in doubtful cases where no contention.
75. Procedure where there is contention or District Delegate thinks probate or letters of administration should be refused in his Court.
76. Grant of probate to be under seal of Court. Form of such grant
77. Grant of letters of administration to be under seal of Court. Form of such grant.
78. Administration-bond
79. Assignment of administration bond.
80. Time before which probate or administration shall not be granted.
81. Filing of originals wills of which probate or administration with will annexed granted.
82. Grantee of probate or administration alone to sue, etc., until same revoked.
83. Procedure in contentious cases.
84. Payment to executor or administrator before probate or administration revoked. Right of such executor or administrator to recoup himself.
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 deceased’s property.
92. Powers of several executors or administrators exercisable by one.
93. Survival of powers on death of one of several 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 deceased funeral ceremonies.
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. Executor not to pay one legatee in preference to another.
108. Not-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 legatee’s title.
113. Effect of executors assent to specific legacy. Nature of assent.
114. Conditional assent.
115. Assent of executor to his own legacy. Implied assent.
116. Effect of executors assent.
117. Executor when to deliver legacies.
118. Commencement of annuity when no time fixed by will.
119. When annuity, to be paid quarterly or monthly, first falls due.
120. Date of successive payments when first payment directed to be made within given time, or on day certain. Apportionment where annuitant dies between times of payment.
121. Investment of sum bequeathed where legacy, not specific, given for life.
122. Investment of general legacy, to be paid at future time. Intermediate interest.
123. Procedure when no fund charged with, or appropriated to, annuity.
124. Transfer to residuary legatee of contingent bequest.
125. Investment of residue bequeathed for life, with direction to invest in specified securities.
126. Time and manner of conversion and investment. Interest payable until investment.
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. Residuary legatee’s title to produce of residuary fund.
130. Interest when no time fixed for payment of general legacy.
131. Interest when time fixed.
132. Rate of interest.
133. No interest on arrears of annuity within first year after testators death.
134. Interest on sum to be invested to produce annuity.
135. Refund of legacy paid under Judges orders.
136. No refund if paid voluntarily.
137. Refund when legacy becomes due on performance of condition within further time allowed.
138. When each legatee compellable to refund in proportion.
139. Distribution of assets. Creditor may follow assets.
140. Creditor may call upon legatee to refund.
141. When legatee, not satisfied or compelled to refund under section 140, 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.
145-A. Transfer of assets from the State to executor or administrator in country of domicile for distribution.
146. Liability of executor or administrator for devastation.
147. Liability for neglect to get in any part of property.
148. Provisions applied to administrator with will annexed.
149. Saving-clause.
150. Probate and administration, in case Hindu, Mohammedan or Buddhist, to be granted only under this Act.
151. Omitted.
152. Omitted.
153. Omitted.
154. Omitted.
155. Omitted.
156. Omitted.
157. Surrender of revoked probate or letters of administration.

PDF: pending for this language.