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ADMINISTRATORS-GENERAL ACT

Ministry of Law and Justice

Act nº 45 of 1963


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Chapter VIII
  • Act nº 45 of 1963

Preamble

ADMINISTRATORS-GENERAL ACT, 1963

45 of 1963

PREAMBLE

An Act to consolidate and amend the law relating to the office and duties Administrators-General.

BE it enacted by Parliament in the Fourteenth Year of the Republic of India follows: -

Chapter I

Section 1. Short title, extent and commencement

(1) This Act may be called the Administrators-General Act, 1963.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires, -

(a) "assets" means all the property, movable and immovable, of a decease person, which is chargeable with and applicable to the payment of his debts and legacies, or available for distribution among his heirs and next of-kin;

(b) "letters of administration" includes any letters of administration whether general or with a copy of the will annexed or limited in time or otherwise;

(c) "next-of-kin" includes a widower or widow of a deceased person, or another person who by law would be entitled to letters of administration in preference to a creditor or legatee or the deceased; and

(d) "prescribed" means prescribed by rules made under this Act.

Chapter II

Section 3. Appointment of Administrator-General

(1) The State Government shall appoint an Administrator-General for the State:

PROVIDED that nothing herein contained shall be deemed to bar the appointment of the same person as Administrator-General for two or more States.

(2) No person shall be appointed to the office of Administrator-General unless he has been for at least--

(a) seven years an advocate; or

(b) seven years an attorney of a High Court; or

(c) ten years a member of the judicial service of a State; or

(d) five years a Deputy Administrator-General.

Section 4. Appointment and powers of Deputy Administrator-General

(1) The State Government may appoint a Deputy or Deputies to assist the Administrator-General; and any Deputy so appointed shall, subject to the control of the State Government and the general or special orders of general-General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator-General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator-General.

(2) No person shall be appointed as a Deputy under this section unless he has been for at least three years--

(a) an advocate; or

(b) an attorney of a High Court; or

(c) a member of the judicial service of a State.

Section 5. Incorporation

The Administrator-General shall be a corporation sole by the name of Administrator-General of the State for which he is appointed, and, as such Administrator-General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.

Chapter III

Section 6. Jurisdiction of High Court for the whole State

So far as regards the Administrator-General of any State, the High Court shall be deemed to be a Court of competent jurisdiction for the purpose of granting probate or letters of administration under any law for the time being in force, wheresoever within the State the estate to be administered is situate:

PROVIDED that nothing in this section shall be construed as affecting the jurisdiction of any district court.

Section 7. Administrator-General entitled to letters of administration, unless granted to next-of-kin

Any letters of administration granted by the High Court shall be granted to the Administrator-General of the State unless they are granted to the next-of-kin of the deceased.

Section 8. Administrator-General, entitled to letters of administration in preference to creditors, certain legatees or friends

The Administrator-General of the State shall be deemed by all the court sin the State to have a right to letters of administration other than letters pendente lite in preference to that of-

(a) a creditor; or

(b) a legatee, other than a universal legatee or a residuary legatee or the representative of a residuary legatee; or

(c) a friend of the deceased.

Section 9. Right of Administrator-General to apply for administration of estates

(1) If-

(a) any person has died leaving within any State assets exceeding rupees 1[two lakhs] in value, and

(b) (whether the obtaining of probate of his will or letters of administration to his estate is or is not obligatory), no person to whom any court would have jurisdiction to commit administration of such assets has, within one month after his death, applied in such State for such probate, or letters of administration, and

(c) (in cases where the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925), no person has taken other proceedings for the protection of the estate, the Administrator-General of the State in which such assets are, may, subject to any rules made by the State Government, within a reasonable time after he has had notice of the death of such person, and of his having left such assets, take such proceedings as may be necessary to obtain from the High Court letters of administration of the estate of such person.

(2) The Administrator-General shall not take proceedings under this section unless he is satisfied, that there is apprehension of misappropriation, deterioration or waste of such assets if such proceedings are not taken by him or that such proceedings are otherwise necessary for the protection of the assets.

1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999.


Section 10. Power of Administrator-General to collect and hold assets where immediate action is required

(1) Whenever any person has died leaving assets within any State exceeding rupees 1[two lakhs] in value, and the High Court for that State is satisfied that there is imminent danger of misappropriation, deterioration or waste of such assets, requiring immediate action, the High Court may, upon the application of the Administrator-General or of any person interested in such assets or in the due administration thereof, forthwith direct the Administrator-General (a) to collect and take possession of such assets, and (b) to hold, deposit, realise, sell or invest the same according to the directions of the High Court, and, in default of any such directions, according to the provisions of this Act so far as the same are applicable to such assets. (2) Any order of the High Court under sub-section (1) shall entitle the Administrator-General (a) to maintain any suit or proceeding for the recovery of such assets; (b) if he thinks fit, to apply for letters of administration of the estate of such deceased person; (c) to retain out of the assets of the estate any fees chargeable under rules made under this Act; and (d) to reimburse himself for all payments made by him to respect of such assets which a private administrator might lawfully have made.

1. Substituted for "fifty thousand" by The Administrators-General (Amendment) Act, 1999 (Act 34 of 1999) w.e.f. 16.12.1999.


Section 11. Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator-General

If, in the course of proceedings to obtain letters of administration under the provisions of Section 9 or Section 10, -

(a) any person appears and establishes his claim-

(i) to probate of the will of the deceased; or

(ii) to letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law; or

(b) any person satisfies the High Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925); or

(c) the High Court is satisfied that there is no apprehension of misappropriation, deterioration, or waste of the assets and that the grant of letters of administration in such proceedings is not otherwise necessary for the protection of the assets; the High Court shall

(1) in the case mentioned in clause (a), grant probate of the will or letters of administration accordingly;

(2) in the case mentioned in clause (b) or clause (c), drop the proceedings; and

(3) in all the cases award to the Administrator-General the costs of any proceedings taken by him under those sections to be paid out of the estate as part of the testamentary or intestate expenses thereof.