section 90
Power of executor or administrator to dispose of property.
The Jammu and Kashmir Probate and Administration Act, 1977General1977161 sections
Statutory text
- (1) An executor or administrator has, subject to the provisions of this section, power to dispose, as he thinks fit, of all or any of the property for the time being vested in him under section 4.
- (2) The power of an executor to dispose of immovable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.
- (3) An administrator may not, without the previous permission of the Court by which the letters of administration were granted,––
- (a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being vested in him under section 4, or
- (b) lease any such property for a term exceeding five years.
- (4) A disposal of property by an executor or administrator in contravention of sub-section (2) or sub-section (3), as the case may be, is voidable at the instance of any other person interested in the property.
- (5) Before any probate or letters of administration is or are granted under this Act there shall be endorsed thereon or annexed thereto a copy of subsections (1), (2) and (4), or of sub-sections (1), (3) and (4), as the case may be.
- (6) A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required by the last foregoing sub-section not having been made thereon or attached thereto, nor shall the absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section.
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