is bequeathed, the legacy is not specific mere- Bequest of certain sum ly because the stock, funds where stocks, ctc., in which or securities in which it invested are described. is invested sre described in the will. ’ Illustration, A bequeaths to B— ** 10,000 rupees of my funded property ": € 10,000 rupees of my property now invested in shares of tho East Indian Railway Company °: $0,000 rupees, at present secured by mortgage of Rampur factory.” No ono of these legacies is specific, 444, Where a bequest is mado in general terms of a certain amount of any Bequest of stock where ind of stock, the legacy testator had, at date Bt is not specific merely be- Ue atk af samme cause the testator was, kind. at the date of his will, possessed of stock of the specified kind, to an equal or greater amount than the amount be- queathed. Illustration, . . t bequeaths tu B 6,000 rupees five per cont. Govyernmen somite eh ha lat the dite of the Ne live per cent, ae ee ees 5.00) yeas Thelegivy isnot specilic. ment securities fo. 6,000 ruy 3 i ae 96 THE GAZETTE OF INDIA, OCTOBER 10, 1925. U Pany y 145, A money legacy is not specific merely Pe aire er payment to be postponed not payable until” part o wl nee ake j rty dispos- until some ] testator’s property pape SS ee econ ed of in certain way. fae has been reduced tv a


nee ake j rty dispos- until some ] testator’s property pape SS ee econ ed of in certain way. fae has been reduced tv a certain form, or remitte to a certain place. Illustration. irecty that this me shall be paid a romans propaty tnt shall bo realised in England. Tho legacy is not specific. 146. Where a will contains a bequest of the {kien enumerated Tesidue of the testutor’s articles not deemed speei- property alony with an fically bequeathed, enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. 147, Where property is specifically bequeath- . ; ed to two or more per- of mec tliel Reqd eee Gone in succession, it veral persons in sucees- shall be retained in the i wal form in which the testa- tor left it, although it may be of such a nature that its value is continually decreasing. INustrations. (‘) A, having lease of a housefora term of years, fiftvon of which were unexpired at the timo of hia death, has bequeath- ed the lease to B for his life, and after B’s death toc. B is to enjoy the property as A loft it, although, if B lives for fifteen years, C can tako nothing under tho beqrest. (1) A, having an annuity during the lifo of L, bequeaths it to C, for his life, and, after C's death, toD. Cis to enjoy the annuity as A left it, although, if


of L, bequeaths it to C, for his life, and, after C's death, toD. Cis to enjoy the annuity as A left it, although, if B dies beforo D, D can take nothing under tho bequest. 148, Where property comprised in a bequest to two or more persons in succession is not speci- fically bequeathed, it shall, in the absence of any direction to the con- trary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms the will. ° . Sale and investment of proceeds of property be. queathed to two or more Persons in aiftcession. Tlustration. A, having o lease for a term of i property to B for life, and, after Biedeath, we The pet’ must be sold, the proceeds invested as stated in this section and tho annual income aris . / B for life. At B's death thy wot itd i to be paid to Taid to C. *he capital of the fund is to be ciency of assets to pa Where — deficiency of legacies, a specific lene specilo Ienach legacies, 18 not liable to abate not to abate with general legacies? With the general legacies, eee | CHAPTER xy. Or Demonstaarryy Lraactrs 150. Where testator hbequeaths 2 certain ine mttative lesacyde. SIUM of money, or a cep : tain quantity commodity,


| CHAPTER xy. Or Demonstaarryy Lraactrs 150. Where testator hbequeaths 2 certain ine mttative lesacyde. SIUM of money, or a cep : tain quantity commodity, and refer. toa turteutan feud as because the will directs its - stock so as to constitute | the same the by fund or stock out of which payment ie ‘oa made, the legacy is said to be demonstratn, Explanation —The distinction betivueg 2 Ee: legacy and a demonstrative legacy Consists int that— ti where specified property js given legatee, the legacy is Specific ; where the legacy is directed to be Paid o specified property, it js deing tive. to th, Ut Stra, Ulustrations. i) A_ bequeaths to B 1,000 rupces, being part mi fea W. He also bequeaths to C 1,000 paid out of the debt due to him from W. ‘The is specific, the legnoy to C is demonstrative, (¥) A bequeaths to B— “*ten bushels of the corn which Shall grow in my ¢ of Green Acre ’’: my Ea “*80 chests of tho indigo which shall bo Made at 5 factory of Rampur ’’: yi ** 10,000 rupees out of my five per cent. TOM Ssury ot the Government of Indin ”: . as ofa debt ds TUpets tol, legacy taR an annuity of 500 rupees ‘** from my funded Froper. ty 3 ! * © 7,000 rupees outof thesum of 2,000 rupces doe tors by C'?: an annuity, and directs it to be paid ‘*‘ out of the tat


© 7,000 rupees outof thesum of 2,000 rupces doe tors by C'?: an annuity, and directs it to be paid ‘*‘ out of the tat arising from my taluk of Ramnagar "" (ii) A bequeaths to B— ; ** 10,000 rupees out of my estate at Ramnngar," « charges it on his cstate at Ramnagar : ** 10,000 rupees, being my share of tho capital emtat- ed in a certain business.’? Each of these bequests is demonstrative. 151. Where a portion of a fund is specificalls bequeathed and a legacy Order of payment jg directed to be juil when legacy directed to. bo paid out of fund the OUt of the same fund subject of specific legacy, the portion specificall bequeathed — shall firs be paid to the legatee, and the demonstrat legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficiet} out of the general assets of the testator. Tllustration. A hequeaths to B 1,000 ru ees, bein, t of a debt dks! him from WW. Ho also bequeaths toC. 1,000 rupees! paid out of tho debt duo to him from W. The debt ‘a A from W is only 1,500 rupees ; of these 1,500 rupees Ci Tupeas belong to B, and 600 rupees are to be paid ae iy to receive Tupees out of the general asse testator. ° s CHAPTER XVI, OF ApDEMPrion OF LEGACIES. spoilt 152. If anything which has been specifi bequeathed does rt


out of the general asse testator. ° s CHAPTER XVI, OF ApDEMPrion OF LEGACIES. spoilt 152. If anything which has been specifi bequeathed does rt belong to the testalt! the time of his death, or has been converted - property of a different kind, the legacy is ad ; that is, it cannot tale effect, by earl! the subject-matter having been withdrawa the operation of the will. Ademption explained, THE GAZETTE OF INDIA, OcTOBER 10, 1925, ‘ 97 } eee ———. a Mlustrations. to B— } A pequeaths ” i) A ted to me by C”™: ay . “tho diamond oe presen Mi a my gold chain : Sw wy certain bale of wool”: ° certain picee of cloth ’’: "a hold goods which shall be in or about m wall BY Tg house fn A Street in Calcutta, at the ime of my doath.” in his life time,— sells oF gives away converts the chain into o cup: converts the wool into cloth : pakes the cloth into a garment: tho ring: takes another houso into which he .romoves all his _ B Fach of these logacics is adeomed. (i) A bequeaths to B— “tho sum of 1,000 rupees in a certain cheat”: “all the horses in my stable.” At the death of A, no moncy is found in the chest, and no hones in the stable. The legacies aro adeemed. (ii) A bequeaths to B certain bales of goods, <A takes the with him ona voyage. ‘The ship


in the stable. The legacies aro adeemed. (ii) A bequeaths to B certain bales of goods, <A takes the with him ona voyage. ‘The ship and goods are lost at go,and Aisdrowned, The legacy is adeomed, 153. A demonstrative legacy is not adeemed by reason that the pro- perty on which it is charged by the will does not exist at the time of the death of the testator’ or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator. Non-ademption of demonstrative legacy. 154, Where the thing specifically hequeathed is the right to receive something of value from think eomething from =a third party, and the : = . testator himsclf receives It, the bequest is adeemed. , Ademption of spcci- fic bequest of right to Illustrations. (i) A bequeaths to B— “the debt which C owes mo " u“ Daeaas Tupees which I havo in the hands of D": the money due to me on the bond of EB": nly Mortgage on the Rampur factory.” All these debts oe 5 apni . tn : are extinguished in A’s lifetime, some with Ttome without his consent, All the legacies aro adecmed, (ii) A be - Stee : surance Lu°aths to B his interest in certain policies of life Policies "y“t in his lifetime receives the amount of the % The legacy is adeomed, 155. The Teceipt by the testator of a ae Ademption an


"y“t in his lifetime receives the amount of the % The legacy is adeomed, 155. The Teceipt by the testator of a ae Ademption an entire thing specifically ta . petors recei of bequeathed shall operate ; as an ademption of the Ibe cifcall ntire thi gz y be queathed, legacy to the extent of th * sum so Teceived, F Illustration, Abe SDronte wucaths to B" tho debt duc to n.e by C.” The debt lator ee 10,000 Tupees. c _ to A50,00M rupees the one- _ Iezurds debt. The legacy is revoked by ademption, so far the 5,000 Fupees received by Ae 156. If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of o portion of the fund or stock shall operate os an ademption only to the ; extent of the amount so Teceived ; aud the residue of the fund or stock shall be applicable to the discharge of the specific legacy. * Ademption pru tanto by testator's reveipt of portion of entire fund of which portion lng been specifically bo. queathed, Ilustration, A bequeaths to B ono-half of the sum of 10,000 rupees due to him from W. A in his lifetime reccives 6,000 rupees, . part of tho 10,000 rupees, Tho 4,000 rupees which aro due from W to A at the timo of his death belong to B under the specific bequest. 157. Where a portion of a fund is specifically bequeathed to one legatee,


the timo of his death belong to B under the specific bequest. 157. Where a portion of a fund is specifically bequeathed to one legatee, Order of payment 80d @ legacy charged on oer portion of fund the same fund is _ be- Specifically bequeathed to one legatee, and queathed to another legatee, then, if the tes- tator receives a portion of that fund, and the re- mainder of the fund is’ insufficient to pay both the specific and the de- nonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demons- _ trative I¢gacy shall be paid out of the general assets of the testator. legacy charged on samo fund to another, and, testator having reccived portion of that fund, remainder insufficient to pay both legacies, Illustration. A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to 0 1,000 rupees to be paid out of the debt duc tohim from W. A afterwards receives 5,000 rupees, part of that debt, and dics leaving only 1,500 rupecs duo to him from W. Of these 1,500 rupoes, 1,000 rupees belong to B, «nd 500 rupees aro to be paid to C, C is also to receive 500 rupees out of the general asscts of the testator. 158. Where stock which has been


be paid to C, C is also to receive 500 rupees out of the general asscts of the testator. 158. Where stock which has been spccifically Ademption where bequeathed does not exist at stock, specifically the testator’s death, the bequeathed, does not 1 A d exist at’ testator's Icgacy is adeemed. death. , Illustration, A bequeaths to B— “ my capital stock of 1,000/. in East India Stock *: “my promissory notes of the Government of India for 10,000 rupees in their 4 per cent. Joan.” Asellathe stock and the notes, The Iegacics are adeemed. 159. Where stock which has been specifically Ademption pro tanto bequeathed exists only in where stock, specifi: part at the testator’s death, oally bequeathed, exists the Jeracy is adecmed so far in part only at testa. ds that t of th tor's death, as regards that part of the stock which has ceased to exist. Illustration. A bequeath; to B his 10,000 rupees in the hy per cent. toan of the Government of India. A cells one-half of his 10,000 rupees in the loanin question. Unt-half of the legacy is adeem 98 THE GAZETTE OF INDIA, OCTOBER 10, 1925. C Parr ty . ds under a des- ecific bequest of goo . 160, A sp q cription connecting them Non-ademption of speci- with a certain place vr fic bequest of goods des- adeemed by reason ecribed og connected ier they have been removed Seftain rasan By teesean from such place from any 7 L _—


goods des- adeemed by reason ecribed og connected ier they have been removed Seftain rasan By teesean from such place from any 7 L _— temporary cause, OF by fraud, or without the knowledge or sanction of the testator. . filustrations. i : shich shall i aths to Ball my household goods whiel walk peat my dwelling house in Caleutta at tho time of my death.” he goods are removed from the house to save he frum fire. A dies before they are brought back. i) A Lequeaths to B “all my household goods which shcibbe in a about my dwelling house in Calcutta at the time of my death.” During A’s absence upon a journey, the whole of the goods are removed from tho house. A dies without having sanctioned their removal. Neither of these legacies is adeemed. 161. The removal of the thing bequeathed from the place in whieh it is stated in the will tn be situated does net consti- tute an ademption, where the place is only referred to in order to complete the description of what the testator meant to be- queath. When removal of thing bequeathed doca not con- stitute ademption. Illustrations, . (i) A bequeaths to Ball the bills, bonds and other geenri- ti:sformoney belonging te me now lying in my lodging in Citcutta.” At tho timo of his death, these cllvets hade been removed from his lodgings in Calcutta. (it) A bequeaths to B all his furniture then in his house in


his death, these cllvets hade been removed from his lodgings in Calcutta. (it) A bequeaths to B all his furniture then in his house in Calcutta, ‘The testator has a house at Calcutta and anothor at Chinsurah, in which he lives alternately, being ;owesed of one set of furniture only which he removes with himself te each house, At the time of his death the furniture i: in the house at Chinsurah. (#1) A bequeaths to B all his goods on board n certain ship then lying in the river Hughli, Tho goods are rumaved by A’s directions to a warehouse, in which they remain at the time of A’s death. No one of these legacics ig revoked by ademption, 162. Where the thing bequeathed if not the right to receive somo- thing of value from a third Person, but the money or other commodity which may be received from the person by the testa- a _ tor pm ci or by his re. ¢ receipt of such sum of mon or other commodity by the testator shall not con. stitute an ademption ; but if he mixes it up with the general i ‘ dee ; a mass of his Property, the legacy ig When thing bequeath. is o valuable to be received by testator from third person ; and testator himself, or his represent. ative, receives it, . HY? 8 ration. A bequeaths to B whatever sum may be r clainon. A Feceives the whole of his elain


represent. ative, receives it, . HY? 8 ration. A bequeaths to B whatever sum may be r clainon. A Feceives the whole of his elain apart from the pen ral not adecmed, EStuRe Tas GE iia property 163, eceived from his on, and sats it ‘lhe legacy rT Where a thing Specifically bequeathed un- dergoes a chan fe between the date of the will and e testator’s death, and @ change takes place by Course of execution of ae of law, or in the ° Provisions of any legal Chany by operation of law of rubject of aaah pecs bequest between dite of Wi and testuter'y death, th - instrument under which the thing bequeathe held, the legacy is not adeemed by reason 5 change. d Way { Such Iilustrations, i) A bequeaths to B “all the money which J have ; at at loan of the Government of India,” The sett? ia or the 54 per cent, lonn are converted during A’ lifer into & per cent, stock. itus it) A bequeaths to B tho sum of 2,000/, invested ; me neato trustees for A. The sum of 2,001 ig Cony ferred by the trustees into A’s own name, Tang, ii) A bequeaths to Bthe sum of 10,000 rupees jn . one of this Government of India which he has power 7 his marriage settlement to dispose of by will, Aftorwanls ler A's lifetime, the fund is converted into Consols by vane an authority contained in tho settloment, of


settlement to dispose of by will, Aftorwanls ler A's lifetime, the fund is converted into Consols by vane an authority contained in tho settloment, of No ono of these legacies has been adcemed, 164, Where a thing specifically bequeathed Chango of subject Undergoes 2 change without testator’s between the date of the knowledge. wil and the testator’s death, and the change takes place Without the knowledge or sanction of the testator, the legacy is not adeemed. ° Illustration, A bequeaths to B“‘ all my 3 per cent. Consols.” The Con. sols are, without A’s knowledge, sold by his agent, and the proceeds converted into Enst India Stock, This legacy iy not adcemed. 165. Where stock which has been Specifically Stock specifically be- bequeathed Is lent to a quenthed lent to third third party on condition party on condition that that it shall be replaced, it bo replaced, and it is replaced accord- ingly, the legacy is not adeemed, 166. Where stock specifically bequeathed is Stock specifically bo. S0ld, and an equal quantity queathed sold but Te- of € same stock is after- Placed, and belonging wards purchased and belongs to testator at his death, to the testator at his death the legacy is not adeemed. | CHAPTER XvqI. UF THE Paysenp OF Lianmiries mn RESPECT OF THE SuBsecr or 4 BEQUEST. 167. (1) Where Property specifically bequeathed Non-liability of exo. 8 subject at the death of site, fxonerate ape- the testator to any pledge, ; : lien or incumbrance created


specifically bequeathed Non-liability of exo. 8 subject at the death of site, fxonerate ape- the testator to any pledge, ; : lien or incumbrance created y the testator himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the legatee, if he accepts the accept it subject to such pledge of tncumbrance, and shall (as between hina a estate) be liable to make good the bh pledge or incumbrance. kee A Contrary intention shall not be inferred m any direction which the will may contain for the payment of the testator’s debts generally. - Explanation.—A Periodical payment in the natur THE GAZETTE OF INDIA, OCTOBER 10, 1995. pant v1 ee = * _— Hhtstrations, (‘vy A Lequenths to B his shares in a joi : int stock company. B liamond. ring given him by C. accopts the boquest. Afterwards tho affairs yoaths to B tho ¢ 5 & ¥ oro wound up, and cach sharcholdor i Se eonbany ! tac is held in pawn by D, to whom it has NO death the the It is tho duty of A’s oxocutors, if the ee A pede ctator's assets will allow them, to allow B to of the Ves the ning indari: whi ! i mice yeaths to Ba zamindari which at A’s death is is beq mortgage for 10,000 rupees ; and tho whole of abject 1° 1 sum, togethor with interest to tho amount of the princi ja duo at A's


for 10,000 rupees ; and tho whole of abject 1° 1 sum, togethor with interest to tho amount of the princi ja duo at A's death. B, if ho accopts» the be- \ ta it subject to his chargo, and is liablo, “as qust aceop if and A’s estate, to pay tho sum of 11,000 tet onl himse gts ts ing is to be done to complet re anything is to be one to complete 168. ayn P the testator’s title to the Completion of testa- thing bequcathed, it is to be : things ", title to feueatbed to bo at axtof his estate. done at the cost of the test- ator’s estate. Illustrations, A, having contracted in gonoral torms for tho purchase (i ‘soe of Iand ab acertain price, bequeaths to B, and ae ho has paid the purchase-monoy. ‘Cho purchaso- sen must bo made good out of A’s asscts, , (ii) A, having contracted for tho purchise of a piece of Iand a cortain sum of money, one-half of which is to bo paid Ga and the othor half secured by mortgage of tho land, lequeaths it to B, and dies before he has paid or socured iny part of the purchnse-monoy. Ono-half of the purchaso- money must bo paid out of A’s assots. 169, Where there is a bequest of any interest in immoveable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the


in immoveable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the tate of the testator shall (as between such estate and the legatee) make good such payments or a puportion of them, as the case may be, up to the day of his death. Exonoration of loga- t's immoveable pro- pedy for which land- rreaua or rent payable petiodically. Illustration. ' A lequesths to Ba house, in Tespect of which 365 rupees "payable annually by way of ront. A pays his rent at tho sail timo, and dies 25 days after. A’s eatato wll make -9 Tupees in respect of the rent, 170. In the absence of any direction in the Exonerition of speci. Will, where there is a speci- Paria. stock in fic bequest of stock in a joint ‘ridin. mbspy. stock company, if any call cf payment is due from the testator at the a Of paymen: shall, as between the testator’s ia and the legatee, be borne by the estate ; © ny call or other payment becomes due in thet of such stock after the testator’s death, and hel shall, as between the testator’s , estate fgatee, be borne by the legatee, if he “pts the bequest, ’ . Illustrations, ty A ide een Sto TS his shares in a certain rilwny. Al Mt of egy, WX dus from him the sum of 100 rupecs in been duty cicht share, heing the


shares in a certain rilwny. Al Mt of egy, WX dus from him the sum of 100 rupecs in been duty cicht share, heing the amount. of a call which had det ary hae and the sum of five rupees in respect of L i tSpect ng the amount of interest which had accrued * Xn estite, Ff the call, ‘These payments must be borne hij A tek cng iareed totake 50 shares in an iatenle.! joint Feet a 10! has contmeted to pay up 100 rupecs in ‘Othe strane thes Which sum muat be pid before his Tee Be Catat scant completed. A bequeat!:s the-c shares Phe. Of A must make zood the pa, ments which hay ‘0 conplete A's title, he the edi to B Shans “ Ms . his shares in a certamn railway. B After A'g death, a callis made n respect muat pay the call. © of his death in respect of the stock, such 8 called upon for contri- bution. ‘Tho amount of the contribution must bo Lorne by tho logateo, (vy) A is the owner of ten shares ina railway comp: * meeting hold during his lifetime a call i sai BE nity rupees per sharo, payable by threo instalmonts, A boquenths is shares 1o LG, and dics botweon tho day fixed for the pay- mont, of tho first and tho day fixed for tho payment of the second instalment, and without having paid tho first instal- mont, A’s estate must pay tho


first and tho day fixed for tho payment of the second instalment, and without having paid tho first instal- mont, A’s estate must pay tho finst instalment, and L, if 1.0 accopts the logacy, must pay tho romaining instalmonts. CHAPTER XVIII. Or Bequests or Tras DESCRIBED IN GENERAL TERMS, 171. If there is a bequest of something des- Bequest of thing des. ©@bed in general terms, the cribed in general terms. executor must purchase for the legatee what may ( reasonably be considered to answer the descrip- tion. Iiluatrationa, (1) A bequeaths to B a pair of carriago-horses or a dinmund ring. Tho oxecutor must provide the legatee with such articles if tho stato of the assets will allow it. (it) A bequeaths to B “ my pair of carringe-horses ”, A had ig ae at the timo of his death, ‘The legacy ails, ‘ CHAPTER XIX. Or BEQUESTS OF THE INTEREST OR PRODUCE OF A Funp. 172. Where the interest or produce of a fund is bequeathed to any per- son, and the will affords no indication pf an intention that the enjoyment of the bequest should be of limited duration, the principal as well as the interest shall belong to the legatec. Ttlusirations. (*) A bequeaths to B tho intorost of his 5 per cent. pro- missory notes of tho Government of India. There is no other elauso in tho will affecting those securitics. Bia entitled to A's 5 per cent. promissory notes of the Govern. ment of


There is no other elauso in tho will affecting those securitics. Bia entitled to A's 5 per cent. promissory notes of the Govern. ment of India. (i) A bequenths tho intorest of his 54 per cent. promissory ee of tbe Government of India to Ef for his life, and after his death to C. B is entitled to the interest of the notes during his life, and Cis entitled to the notes upon B's death. (i) A bequeaths to B the rent: of his lands at X. Bis entitled to the lands. Bequest of interest or produce of fund. CHAPTER XX. Or Brourrts or ANNUITIiS. 173. Where en omnuity is created by will, the Jegatee is entitled to Aonnity ereated by will receive it for his life only, payable for life onty unless unless a contrary intention com niry intention appears vppears by the will, not- by will sithstacding Chat the annuity is directed to be paid out of the property en erally, or that a sum of mone’ 1 bequeathe fo be invested in the purchase of it, THE GAZETTE OF INDIA, OCTOBER 10, 1925. 100 [ Pann py —-- ~~ = ma Mustrations. 500 rupees a year. B is entitled anoual sum of 500 rupees. 500 rupees monthly. B tho sum of 500 rupees A bequeaths to B Pe his life to receive the aths to B the sum of (ii) bens his life to receive is entitled during overy month. : x ife, and (iii) A bequeaths


the aths to B the sum of (ii) bens his life to receive is entitled during overy month. : x ife, and (iii) A bequeaths an annuity of 500 rupces to B for life, an is entitled to an annuity of 500 rupces on Bis date G Fae ai i is entitled to an annuity at 500 rupees from B's death until his own death. 174. Where the will directs that an annuity shall be provided for any seal - vesting Person out of the proceeds of whiere will directs that’ property, or out of property annuity be provided generally, or where money es ch ares Farepty is bequeathed to be invested venerally, or whero in the purchase of any money equeathed to annuity for any person, on eae. ee’ the testator’s death the legacy vests in interest in the legates, and he is entitled at his option to have an annuity purchased for him or to receive the money appropriated for that purpose by the will. Iilustrations, (i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupeos for B, B is colitled at his option to have an annuity of 1,000 rupees for his life purchased for him, or to receive such o sum as will be sullicient for the purchase of such an annuity, (ii) A bequeaths a fund to B for his life, and directs that after B's death, it shill be laid out in tho purchase


annuity, (ii) A bequeaths a fund to B for his life, and directs that after B's death, it shill be laid out in tho purchase of an annuity for C. B and C survive the testator. C dics in B’s lifetime, On B’s death the fund belongs to the representative afC, * 175. Where an annuity is bequeathed, "but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will. 176. Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satis- Abatement of annuity. Wheto gift of anduity and = residuary gift, whole annuity to bo first satisfiod. residue is paid to the residu- ; ary legatee, and, if necessary, the capital of the testator’s estate shall be applied for that purpose. CHAPTER XXI, Or Lecacies to CREDITORS AND PorTIONERs, 177. Where a debtor bequeaths a legacy to is creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy as well as to the amount of the debt. Creditor prima facie enthled to leriey ag Well ay debt, 178. Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards be- . queaths a legacy to the


is under obligation by contract to provide a portion for a child, fails to do so, and afterwards be- . queaths a legacy to the chi and does not intimate by his will that the Teasey . oO Ch prinia furic en. titled to lesiey as well a. portion. fied before any part of the: fllustration. by articles entered into in contemplation of hisy,,,.- witht B sovenanted that he would pay to cach of the daughige of the intended marriage a portion of 20,000 rupecs ee en marriage. ‘This covenant having been broken, 4 Vequeart” 20,000 rupees to cach of the marricd daughters of himself < B. Tho logatecs are entitled to the benctit of thig Lequest in addition to their portions. 179. No bequest shall be wholly or partial adeemed by a subsequent provision made by settle. ment or otherwise {oy the legatee. INustrationa. } 2 ces tohisson B. He ane Phe aarti prieier rupees. Tho wees eae thereby adcomed. (11) A bequeaths 10,000 rupccs to B, his orphan niceo whom No ademption by subse- quent provision fur legatce. ‘hoe had brought up from her infancy. Afterwards, on the occasion of B's marriage, A settles upon her the sum of 30,000 rupecs. Tho legacy is not thereby diminished, CHAPTER XXiQI. Or Erection, 180. Wheres person, by his will, professes to dis. pose of something which Circumstances in which he has no right to dispose election takes place. of, the person to whom the thing belongs shall elect either to


which Circumstances in which he has no right to dispose election takes place. of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it, and in the latter case, he shall give up any benefits which may have been provided for him by the will. 181. An interest relinquished in the circum.’ stances stated in aces io : 180 shall devolve as ifi rere by amare had not been disposed of by the will in favour of the legatee, subject, nevertheless, to the charge of making good to the disappointed legatee the amount or-value of the gift attempted to be given to him hy the will. 182. The provisions of sections 180 and 18) apply whether the testator does or does not believe that which he professes to dispose of by his will to be his own. Testator's belicf as to his ownership immaterial. Illustrations. : ty of C. a (i) The farm of Sultanpur was the proper C bequeathed it to B, giving a legacy of 1,000 rupees to has elected to retain his farm of Sultanpur, which is vies h 800 rupees. C forfeits his legacy of 1,000 rupecs, of wh eile rupees goes to B, and tho remaining 200 rupees falls ine tesiduary bequest, or devolves according to the mu intestate succession, as the caso may be. : ft (ii) 4 bequeaths an estate to B in casy B's elder broth! (Who is married and has children) shall


the caso may be. : ft (ii) 4 bequeaths an estate to B in casy B's elder broth! (Who is married and has children) shall lease no issuo vite it his death. A also bequeaths to Ca jewel, which eee B. B must elect to give up tho jewel or to lose the esta (iii) A bequeaths to B 1,000 rupees, and to Can estate W will, under o settlement, belong to B if his elder brother i. is married and has children) shall leave no issue livin: 4 iit eat B must elect to give up the-estate or to lo-0 legacy, (iv) A, aperson of the ago ot 18, domiciled in Briti-h ae ut owning real property in England, to which C is * ond law, bequeaths o legacy to C and, subject therct9, eae beaueaths to B« all my property whatsoever and " arid ev-r," «nd diea under 2), The real property 1 aan does not [ass by tho will @ may claim his legacy ¥ out giving up tho roal Property in England. THE GAZETTE OF INDIA, OCTOBER 10, 1995 past W ee > — for a person’s benefit is, for the 183: 4 beq purpose of election, the 1an’s benefit Feta for purpose © Cay til same thing as a bequest made to himself, Iilustration. ur Khurd being the property of B, A ser of pa bequeathed another farm called Sul- sthed it his own executors with a direction that it and the proceeds applied in


B, A ser of pa bequeathed another farm called Sul- sthed it his own executors with a direction that it and the proceeds applied in payment of B's soul Be £0 t elect whether he will abide by the will, or keep us B at jtanpur Khurd in opposition to it. cue 0 ys fat taking no benefit direct] son taking ecuy igi. A PET under a will, but deriving pero deriving bene’ xa benefit under it indirect- . pu . sinc DOE - ly, isnot put to his elec- ee tion. Illustration. itanpur are settled upon C for life, ‘and ' crane D, his only child. A bequeaths the lands aie ur to B, and 1,000 rupees to C. C dies intestate d Stet the testator, and without having, made any sett 4 D takes out administration to C, and as administrator cia behalf of C’s estate to take under the will. In that nn hereceives the legacy of 1,000 rupees and accounts to a rents of the lands of Sultanpur which accrued after death of the testator and hefore the death of C. In his edividual character he retains the lands of Sultanpur in postion to the will. 185. A person who in his individual capacity takes a benefit under a will may, In another character, elect to take in opposition to the will. Person taking in indivi- daal capacity under will nay in other character dat to take in opposition. Ulustration. The estate of Sultanpur is settled


will. Person taking in indivi- daal capacity under will nay in other character dat to take in opposition. Ulustration. The estate of Sultanpur is settled upon A for life, and iter his death, upon B. A leaves the estate of Sultanpur to D, and 2,000 rupees to B, and 1,000 rupees to C, who is B’s ‘aly child. B dies intestate, shortly after the testator, without “sting made an election. C takes out administration to B, and administrator elects to keep the estate of Sultanpur in ‘pre-ition to the will, and to relinquish the legacy of 2,000 ee ane this, and yet claim his legacy of 1,000 rupees 186. Notwithstanding an vthing contained in sec- tions 10 to 185, where a particular gift is expressed —- 3 in the will to be in lieu of ‘onething belonging to the legatee which is also ‘hin uisposed of by the will, then, if the legatee tir ty thing, he must relinquish the parti- tthe 7 » but he is not bound to relinquish any "Seneht given to him by the will. Cades ‘ Ulustration. tives him, taase-settlement his wife is entitled, if she “Tz her fit 'e the enjoyment of the estate of Sultanpur dup ry a by his will bequeaths to his wife an annuity “ate of Sultannun w= her life, in lien of her interest in the “Ogives hig nur, which estate he hequeaths to his son. He e t eh Ca legacy of 1,000 rupees. ‘The widow elects “AR


in the “Ogives hig nur, which estate he hequeaths to his son. He e t eh Ca legacy of 1,000 rupees. ‘The widow elects “AR to poe es CHtitled to under the settlement. She is “pee, “duish the annuity but not the legacy of 1,000 Eception to provisions i lat six scetions, 187, i Acceptance of a benefit given bya will Bi ee etance of he. Constitutes an election by S'S thetionto i! consti- the legatee to take under wi, ° take under the will, if he had know- “Ud Of thoee a: ledge of his right to elect the Haden, {cumstances which would influence Set a @ reasonable man in making an stancay. € waives inquiry into the ¢ L uh ieay Istration ;. a tte j tee Of un estate called Sultanpur Khard, and Upo hig N another estate called Sultanpur Buzurg EA pies tath his son B will be absolutely entitled. e Salt the estate of Sultanpur Khurd to B, and tanpur Buzurg to C.:B, in ignorance of his death, 101 ——— own right to the catate o Possession of it, and en SultanpurKhurd. 3h pur Buzurg to C (ii) B, the eldest son of A, is the possessor of an estate calle Sultanpur. aA bequenths Sultanpur to C, and to B the meade of A's property. B having teen informed by A’s executors that the residue will amount to 5,000 rupecs, allows C to take Possession of Sultanpur, He afterwards discovers that the residue docs not


A’s executors that the residue will amount to 5,000 rupecs, allows C to take Possession of Sultanpur, He afterwards discovers that the residue docs not amount to more than 500 rupees, B has not confirmed the bequest of the estate of Sultanpur to C. 188. (2) Such knowledge or waiver of inquiry Circumstances f Sultanpur Buzurg, allows C to take ters into possession of tho estate of as not confirmed the bequest of Sultan- in i which knowledge oe shall, in the absence of waiver is presumed or @Vidence to the contrary, be inferred, presumed if the legatee has enjoyed for two years the benefits provided for him by the will without doing any act to express dissent. (2) Such knowledge or waiver of inquiry may he inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. Illustration. A bequeaths to B an estate to which C is entitled, and to Cacoal-mine. C takes possession of the’ mine and exhausts it. He has thereby confirmed the bequest of the estate to B. 189. If the legatee does not, within one year When testator’s re- after the death of the testa- presentatives may call tor, signify to the testator’s upon legates to elect. representatives his intention to confirm or to dissent from the will, the re- presentatives shall, upon the expiration of that period, require him to


elect. representatives his intention to confirm or to dissent from the will, the re- presentatives shall, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the will. 190. In case of disability the election shall of be postponed until the dis- Post ponement tt meg election in case of dis- ability ceases, or until the ability. election is made by some competent authority. +8 ——— CHAPTER XNIII. Or Girts 1x CONTEMPLATION OF DEato. 191. (/):A man may dispose, by gift made in contemplation of death, able by git ae of any moveable property contemplation of which he could dispose of by will. (2) A gift is suid to be made in contemplation of death where u man, who is ill and expects to die shortly of his illness, delivers to another the possession of any moveable property to keep as a gift i case the donor shall die of that illness. _ (3) Such a gift may be resumed by the giver ; and shall not take effect if he recovers from the illne sduring which it was made; nor if he survives the person to whom it was made. Jitu trations. A, being ill, and in expectation of death, delivers to oe be etuined by him in case of A’s death,— a watch: a bond granted by C to


and in expectation of death, delivers to oe be etuined by him in case of A’s death,— a watch: a bond granted by C to A: k-note : : a bores note of the Government of India endor- cil in blank : . a bill of exchange endorsed in blank ; certain mortgage-deeds, IVE 102 THE GAZETTE OF INDIA, OC TOBER 10, 1925. (Pare _ ——— = ae Se Adics of tho illnces during which he delivered these articles, B is entitled to~ the watch: the debt secured by C’s bond: the bank-note : the promissory noto of the Go the bill of exchange : noy secured by the mortgage-deeds. aif, A ine ill, and in expectation of death, oT. oe the key of a trunk or tho key of a warehouse in which ¢ c i deposited, with the intention of cL bale belonging Ot ae the | contents of the trunk, or iving hi trol ove giving hie posited maode and desires him to keep them in case of A’s death. A dies of the illncss during which he i these articles, B is entitled to the trunk and its See ‘3 A's goods of bulk in the warehouse, ; (iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcels and marks upon the parcels respectively tho names of B and C. Tho parcels aro not delivered during the life of A. A diea of the illncss during which ho set aside


names of B and C. Tho parcels aro not delivered during the life of A. A diea of the illncss during which ho set aside the parcels, B and C are not entitled to the contents of the parcels. yernment of India : PART VII. PROTECTION OF PROPERTY OF DECEASED. 192. (1) If any person dies leaving property, moveable or immoveable, Person claiming right any person claiming a by succession to Pro- right by succession thereto, apply rarest SER or to any portion thereof, wrongful possession. may make application to the District Judge of the district’ where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended. (2) Any agent, relative or near friend, or the Court of Wards in cases within their cognizance, may, in the event of any minor, or any disqualified or absent person being entitled by succession to such property as aforesaid, make the like applica- tion for relief. 193, The District Judge to whom such ap- Saniess denser ie plication is made shall, ude: ~ in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the appli- . cant, or the person on whose behalf he applies,


or taking forcible means for seizing possession has no lawful title, and that the appli- . cant, or the person on whose behalf he applies, is really entitled and is likely to be materially pre- judiced if left to the ordinary remedy of ao suit, and that the application is made bond fide. 194, Ifthe District J udge is satisfied that there 1s sufficient ground for believing as aforesaid but not otherwise, he shall suminon the party com- plained of, and Kive notice of vacant or disturbed Possession by publication, and, after the expira- tion of o reasonable .time, shall determine sum- marily the a to possession (subject to a suit * eremmalter provided) and sh iv posse>ston accordinuly : - Provided that the Judge shall have to appoint an officer who shall take of effects, and seal or otherwise Provedu:e. the power an inventory secure the same, on being applied to for the PUrpose, yy; day, whether he shall have concluded the intent necessary for summoning the party complaing} : or not. ; of 195. If it further appears upon such inquiry Appointment of curator aforesaid that daze, ; pending determination of to be apprehen ded - proceeding. misappropriation OF Was . of the property before the summary PTOCeeA can be determined, and that the delay j obtaining security from the party in Possess or the insufficiency thereof is likely to expose the party out of possession to considerable»: provided he is the lawful owner, the Distr Judge may


or the insufficiency thereof is likely to expose the party out of possession to considerable»: provided he is the lawful owner, the Distr Judge may appoint one or more curators whose authority shall continue according to the terms af his or their respective appointments, and in no eas, beyond the determination of the summary pro cad ing and the confirmation or delivery of Possession in consequence thereof : Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer sy}. ordinate to the Collector, the powers of a curator: Provided, further, that every appointment of , curator in respect of any property shall be duly published. . 196. The District Judge may authorise th curator to take posse- Powers conferable on sion of the property cither Bea generally, or until security is given by the party in possession, or until in- ventories of the property have been made, or for any other purpose necessary for securing the property from misappropriation or waste by the party in possession : Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in such possession on giving secumty or not, and any continuance in possession be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects, 197. (7) Where a certificate has been granted Prohibition of exerciso under ae =_ fe te of certain powers by cura. the Succession


other effects, 197. (7) Where a certificate has been granted Prohibition of exerciso under ae =_ fe te of certain powers by cura. the Succession con of tors. Payment of debts, Act, 1889, or a grant oil ete., to curator. probate or letters 0 administration has been made, a curator 4F pointed under this Part shall not exercise na authority lawfully belonging to the holder the certificate or to the executor or administrat™ (2) All persons who have paid debts oF mn to a curator authorised by a Court to receive “4 shall be indemnified, and the curator sh responsible for the payment thereof to the P - who has obtained the certificate, probate of letter of administration, as the case may be. 198. (2) The District Judge shall tak Curator to gi : the curator 5e¢ = his trust, and for 1 Ing satisfactory accounts of the same as b sg out Provided, and may authorise him to receiv? of the property such remuneration, in 1° pat TT] THE GAZETTE OF INDIA, OCTOBER 10, 1995 103 ae ss centum on the moveable pro- e per fits of . the annual profits of the immove- he District Judge thinks reason- dn ‘aa esceod PS on oll Fe proper 9° | jus money realized by the curator ( () All ot into Court, and invested in public gall be vot the benefit of the persons entitled eo adjudication of the summary pro- there Oe corty shall be required from the curator


public gall be vot the benefit of the persons entitled eo adjudication of the summary pro- there Oe corty shall be required from the curator @) x reasonable despatch, and, where it is bs ble, shall be taken generally to answer all peti which the person may be afterwards eases ‘ ad curator ; but no delay in the taking of spon shall prevent the Judge from immediately te the curator with the powers of his office. in 499. (1) Where the estate of the deceased person consists wholly or in part pepart from Collector of land paying revenue her estate angluses ™ to Government, in all raue-paying 100 matters regarding the pro- prety ofsummoning the party in possession, of ap- inting a curator, OF of nominating individuals to thatappointment, the District Judge shall demand areport from the Collector, and the Collector shall thereupon furnish the same : Provided that in cases of urgency the Judge may proceed, in the first instance, without such report, (2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court, and the High Court, fit is dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector, 200. Thecurator shall be subject to all orders of the District Judge re- eae and defence garding the institution or . the


of the Collector, 200. Thecurator shall be subject to all orders of the District Judge re- eae and defence garding the institution or . the defence of suits, and all suits may be instituted or defended in the name of the curator on behalf of the estate : ia Provided that an express authority shall be i Musite in the order of the curator’s appointment 7 the collection of debts or rents: but such ex- Press authority shall enable the curator to give a acquittance for any sums of money received ¥ virtue thereof. af y re Pending the custody of the property by mney wees to apparent the curator, the District cantor? “ding custody by Judge may make such . allowances to parties hav- facieright thereto as upon a summary 1g 8 primd at his din’ tested he considers necessary, and may, Woereo ‘Tetion, take security for the repayment being : ‘ith interest, in the event of the party Hoeeedinn upon the adjudication of the summary 20 e Not to be entitled thereto. 2, ; A The curator shall file monthly accounts . LretRts to be: abstract, and shall, on the | Ritatoe *° be “filed expiry of eaok perio i of three months, if his ad- Thistes 7 Hon lasts so, long, and upon giving Up Pattiog ‘es of the rights and circumstances of the _ the possession of the property, file a detailed Sccount of his administration ¢ St ake of the District J udge. oO the


of the _ the possession of the property, file a detailed Sccount of his administration ¢ St ake of the District J udge. oO the satisfaction 203. (1) The accounts of the curator shall goitspection ot ne. = open to the inspection ‘ and right of Of all parties interested - Interested party i ae wis ytokeep and it shall be competent a for any such __ interested party to appoint a separate person to keep a duplicate account of all receipt the curator, eipts and payments by (2) If it is found that the accounts of the curator are in arrear, or that they are errone- ous or incomplete, or if the curator does not produce them whenever he is ordered to do so by the District Judge, he shall be punishable With fine not exceeding one thousand rupees for every such default. , 204. If the Judge of any district has Bar to appointment appointed a curator, in of second curator for respect of the whole of the Bame: property: property of a deceased person, such appointment shall preclude the Judge of any other district within the’same province from appointing any other curator, but the appointment of a curator in respect of a portion of the property of the deceased shall not preclude the appointment within the samo province of another curator in respect of the residue or any portion thereof : Provided that no Judge shall appoint a curator or entertain a summary proceeding in respect of


respect of the residue or any portion thereof : Provided that no Judge shall appoint a curator or entertain a summary proceeding in respect of property which is the subject of a summary pro- ceeding previously instituted under this Part before another Judge: Provided, further, that if two or more curators are appointed by different Judges for several parts of an estate, the High Court may make such | order as it thinks fit for the appointment of one curator of the whole property. 205. An application under this Part to the j District Judge must be made Tanianees timo for within six months of the application ior * death of the proprietor whose property is claimed by right in succession. 206. Nothing in this Part shall be deemed to Fax Goentarsomentiol authorise the contravention Part against public Of any public act of settle- settlement orlegaldirec- ment or of any legal direc- tions by deceased. tions given by a deceased proprietor of any property for the possession of his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the Judge having jurisdiction over the property of a deceased person is satisfied of the existence of such directions, he shall give effect thereto. 207. Nothing in this Part shall be deemed to authorise any disturbance of Ct Or aera the possession of a Court ie . ninore having property of Wards of any property ; subject to its jurisdice gnd im


Ct Or aera the possession of a Court ie . ninore having property of Wards of any property ; subject to its jurisdice gnd im case & minor, or tion. other disqualified person whose property is subject tothe Court of Wards IVe2 104 nplication is made is ve crieelgcaeesie j oe ithe deter- See creanttn det ssion and to aa bs ato, aoe eaveat the Court of Wards a ee a te pending the ith the curatorship of the estate p g the ceedings without taking security aa aloresaie' ; and if the minor or other disquali eta upon the adjudication of the summary procee aie appears to be entitled to the property, possess shall be delivered to the Court of = + shal Vothi ined in this Parb sha 208, Nothing ae ere impediment to the Saving of right (0 Iyinging of a suit either —_—_ by the party whose appli- cation may have been rejected before or after the summoning of the party in possession, or by the party who may have been evicted from the possession under this Part. 209. The decision of a District Judge in a |, summary proceeding under eet ict aoe of this Part shall have no other seer Tee fect. than that of settling the actual possession; but for this purpose it shall be final, and shall not be subject to any appeal or review. 210. The Local Government may appoint public curators for any dis- trict or number of districts ;


not be subject to any appeal or review. 210. The Local Government may appoint public curators for any dis- trict or number of districts ; Loe ee, and the District Judge hav- ing jurisdiction shall nominate such public curators ——~— Appointment of public curators, in all cases where the choice of a curatorsis left discreticnary with him under this Part, — PART VIII. REPRESENTATIVE TITLE TO PROPERTY OF DE- CEASED ON SUCCESSION, 211. (1) The executor or administrator, as the Gisecice a nm, case may be, of a deceased perty of eaccutor ox Petson is his legal representa- administrator as such. tive for all purposes, and all the property of the deceased person vests in him as such, (2) When the deceased was a Hindu, Muham- madan, Buddhist, Sikh or Jaina or an exempted person, nothing herein contained shall vest in an executor or administrator any property of the deceased person which would otherwise have passed by survivorship to some other person. 212. (2) No right to any part of the property Right to intestate’s Of @ person who has died property, intestate can be established in any Court of Justice unless letters of administration have first been grauted by a Court of competent jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu Muha * ‘ . , tnm d . Sikh, Jaina or Indian Christian. adan, Buddhist, 213. (1) No right as executor or levatee can be ; Bist 4. ere utor


tnm d . Sikh, Jaina or Indian Christian. adan, Buddhist, 213. (1) No right as executor or levatee can be ; Bist 4. ere utor ot established in any Court of yalee Vy c-tabhlr ty. i legate schon «rab | austice unless a Court of 7 Competent jurisdicti British Irdia hus granted ioliste ae wil under Which the right is claitned, or has evanted e eet adininistration With the will or with a copy of an authenticated Copy of the wil] annexed THE GAZETTE OF INDIA, OCTOBER 10, 1925. == = —— = . holder of such certj i es ee tar co 2) This section shall not apply ip wile made by Muhammadans, _ ee of apply in the case of wills made by any Het Buddhist, Sikh or Jaina where such wills ante hay class specified in section 57, Ol th, 214. (1) No Court shall-- Proof of representi- tive title a condition precedent to recovery through the Courts of debts from debtors of deceased persons. (a) pass a decree against a debtor of ad ceased person for payment of his dee to a person claiming on succession to rf entitled to the effects of the deceased person or to any part thereof, or (b) proceed, upon an application of a Persp elaining to be so entitled, to eXecnte against such a debtor a decree OF order for the payment of his debt, except on the production, hy the Person so ¢lain. ing, of— (7) a probate or


a decree OF order for the payment of his debt, except on the production, hy the Person so ¢lain. ing, of— (7) a probate or Ietters of administration evidencing the grant to him of admins. tration to the estate of the deceased, of (ti) a certificate granted under section 3] o section 32 of the Administrator General's Act, 1913, and having the debt ment tioned therein, or (217) a succession certificate granted under Part X and having the debt specified ther- in, or (iv) a certificate granted under the Succession Certificate Act, 1889, or iF (x) a certificate granted under Bombay Re gulation No. VIII of 1827 and, if granted after the first day of May, 1889, having the debt specified therein. (2) The word “debt” in sub-section (J) it cludes any debt ‘except rent, revenue or profit payable in respect of Iand used for agriculturl purposes. 215. (1) A grant of probate or letters of ad: Effect on’ certificate Ministration in respect © of subsequent probate an estate shall be deemed to ne i of adminis. supersede any eat : previously granted wn’ Part X or under the Succession Certificate AC 1889, or Bombay Regulation No. VIII of 18%" in respect of any debts or securities included ¥ the estate, (2) When at the time of the grant of the 6 bate or letters any suit or other proceed instituted by the holder of any such certifi regarding any such debt or security is pending.! Person to whom the


any suit or other proceed instituted by the holder of any such certifi regarding any such debt or security is pending.! Person to whom the grantis made shall, on 4? pe ing to the Court in which the suit or proce ! as pending. be entitled to take the place ©) ad of the certificate in the suit or proc Si Provided that, when any certificate is SUP nit ed under this Section, all payments made, vad , - ficate in ignorance af Iait? “urersession shall be held wood against ¢ under the Probate or letters of administrat!™ * . THE GAZETTE OF INDIA, OCTOBER 10, 1925, 105 pyar IV oo ~ any grant of probate or letters of 916. Alter any ° administration, no other t enter of Tans than the person to whom the gi same same may have been granted eat shall have power to sue or any suit, oT otherwise act as represent- he deceased, throughout the province in tive a game may have been granted, until which pate or letters of administration has or o heen recalled or revoked. a PART IX. yrs, LETTERS OF ADMINISTRALION AND a NISTRATION OF ASSETS OF DECEASED. as otherwise provided. by this Act 217. Save or by any other law for the time being in force, all grants of probate and letters of administration with the il anvexed and the administration of the assets ofthe deceased in cases of intestate succession shall temade or carried out, as the case


with the il anvexed and the administration of the assets ofthe deceased in cases of intestate succession shall temade or carried out, as the case may be, in accordance With the provisions of this Part. Application of Part. CHAPTER I. OrGrant OF PROBATE AND LETTERS OF ADMINIS- TRATION, 218, (1) If the deceased has died intestate and was a Hindu, Muham- To whom administra. Madan, Buddhist, Sikh or tim may be granted, Jaina or an exempted per- Hinde, Stine son, administration of his Buddhist, Sikh, Jaina or State may be granted to any exempted person. person who, according to the tules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased’s estate. 2) When several such persons apply for such idministration, it shall be in the discretion of the Court to grant it to any one or mote of them. (2) When no such person applies, it may be stunted to a creditor of the deceased. 219. If the deceased has died intestate and was not a person belonging not deceased is to any of the classes referred Madan, Buddhist oe to in section 218, those who Jaina or exe , Sikh, ro , fon, mpted per are connected with him, eonsapenit either by marriage’ or by aduine te? ate entitled to obtain letters of ” “ustration of his estate and effects in the *r and according to the rules hereinafter tated, namely + 4


entitled to obtain letters of ” “ustration of his estate and effects in the *r and according to the rules hereinafter tated, namely + 4 If the deceased has left a widow, adminis- Coy : shall be granted to the widow, unless the tung cause to exclude her, either on the h of some personal disqualification, OF she has no interest in the estate of the ¢ “Chased Illustrations, i . ba ) The Widow is a lunatic or has committed adultery or i hus wed by her marriage settlement of all interest in inistrati ate. ‘There is cause for excluding her from i . ‘ ber ha ke Widow has married again since the deceesse, of ind. This is not good cause for ier exclusion, _(0) If the Judge thinks proper, he may asso- ciate any p’rson or persons with the widow in the administravion who would be entitled solely to the administration if there were no widow. (c) If there is no widow, or if the Court sees cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled’to the estate according to the rules for the distribution of an intestate’s estate : Provided that, when the mother of the de- | ceased is one of the class of persons so entitled, she shall be Solely entitled to administration. (d) Those who stand in equal degree of kindred to the deceased are equally entitled to administra- tion. (e) The


be Solely entitled to administration. (d) Those who stand in equal degree of kindred to the deceased are equally entitled to administra- tion. (e) The husband surviving his wife has the same right of administration of her estate as the widow has in respect of the estate of her husband. (f) When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, they may be granted to a creditor. - (g) Where the deceased has left property in - British India, letters of administration shall be granted according to the foregoing rules; notwith- standing that he had his domicile in a country in which the law relating to testaté and intestate succession differs from the law of British India. 920. Letters of administration entitle the ad- ministrator to all rights belonging to the intestate as effectually as if the admin- istration had been granted at the moment after his death. eo 221. Letters of administration do not render valid any intermediate acts Acts not validated by of tho administrator tending aseunesrte: to the diminution or damage of the intestate’s estate. 222. '(1)jProbate shall be granted only to an = = e Probate only to ap- aed appointed by th pointed executor. Effect of letters of administration. (2) The appointment may be expressed or by necessary implication. Illustrations, (i) A wills that C be his executor if B will not. B is ap- pointed executor by implication. i


or by necessary implication. Illustrations, (i) A wills that C be his executor if B will not. B is ap- pointed executor by implication. i “gael ther i yes a legacy to B and ceveral legacies to 0 oe Eas ie et to his daughter-in-law C, and adds but ghould the within-named C be not living I do constitute and appoint B my whole and sole executrix.”” U is appointed executrix by implication. i ints several persons executors of his ill and , Gant iis nephew residuary legatce. and in anothet vodicil are these words,—" Tappuint gy nephew my re siduaty te cee to discharge all lawful demands against my will and weeds signed of different dates." The nephew is appointed an executor by implication. 223. Probate cannot be granted to any person ; who is @ minor or is of un- a it n dru- . . Ecco a speak ig, sound mind, nor, unless Sart : ’ bats the decea-ed vas a Hindu, 106 HE GAZETTE OF INDIA, OCTOBER 10, 1926. T . [ Parr yy oe i i n ex- ist, Sikh or Jaina or a Sail pe aoe avied woman without the previous consent of her husband. ointed, veral executors are opp ont bean to probate may be granted een seatlors simul- +g them all simultaneously taneously or at different |. a+ different times. times. = Iilustration, ; i intment and C i tor of B’s will by express appoin 7 vecutor of it by implication,


a+ different times. times. = Iilustration, ; i intment and C i tor of B’s will by express appoin 7 vecutor of it by implication, Probate may be granted a And at the samo time or to A first and than to C o firat and then to A. ster th . (1) If a éodicil is discovered after the eee tel grant of probate, a separate Separate probate of probate of that codicil may ool — "be granted to the executor, _* if it in no way repeals the appointment of executors made by the will. (2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together. 226. When probate has been granted to several executors, and one of them dies, the entire representation of the testae tor accrues to the surviving executor or executors, Accrual of ropresont- ation = to surviving exeoutor, 227. Probate of a will when granted entab- lishes the will from the “lect of probate, death of the testator, and renders valid all intermediate acts of the executor as such, 228. When a will has been proved and de- posited in a Court of com- petent jurisdiction situated beyond the - limits of the Province, whether within or beyond the limits of His Majesty’s dominions, and a properly authenticated copy of the will is produced, letters of administra- tion may be granted with a copy of such


His Majesty’s dominions, and a properly authenticated copy of the will is produced, letters of administra- tion may be granted with a copy of such copy Administration" with copy annoxed of au- thenticated copy of will proved abroad, 229.° When ao Person appointed a0 executor 7 $ not renounced the execu- Grant of administra. torship, letters of adminis- ti on whero Oxecutor hag tration shall not be granted not renounced, —_ . 0 any other person until citation has been issued, calling upon the executor to accept or renounce his executorship : » Provided that, when one or executors have proved will, th the death of the survivor of those who have proved Rrant letters of administration yw; was those who haye not'proved, without citing 230. The renunciation may be made orally in Form and offect of the Prsschce ot the Judge renunciation of exeey, OF OY a Writing signed by torship, the person Tenounoing, anid When made sha him from ever thereafter applying for see the will appointing him executor,” more of several e Court may, on 231. If an executor renounces, oy fail , accept an executor. hore ae . ecutorsh; nee Sau or within the time limited fc fails to accept within the acceptance or mit time limited. thereof, the will may ‘ proved and letters of administration with a ¢ Oy of the will annexed may be granted to the ih who would be entitled to administration jy Case of intestacy. Grant of administra- tion to


of the will annexed may be granted to the ih who would be entitled to administration jy Case of intestacy. Grant of administra- tion to universal or residuary legatecs, (a) the deceased has made a will, but has not appointed an executor, or (5) the deceased has appointed an eXecutor who is legally incapable or réfuses to act, or who has died before the testato; or before he has proved the will, or (c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, an universal or a residuary legatee may, be ad. mitted to prove the will, and letters of adminis tration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. 233. When a residuary legatee who has a beneficial interest survives ae to adalat the testator, but dies bales f decenty eutative the estate has been y naa reaiuary administered, his representa- tive has the same right to administration with the will annexed as such residuary legatee, 234, When there is no executor and -no rest ‘duary legatee or represent ti ier of pipe ative of a residuary aca on whore no executor, or he declines or is incapa not roprestfatie ot t0 act, or eannot be found such Iegatee, the person or persons who Would be entitled to the administration of the estate of the deceased hy 7 | had died intestate, or any other


person or persons who Would be entitled to the administration of the estate of the deceased hy 7 | had died intestate, or any other legatee having — beneficial interest, or a creditor, may be adm! to prove the will, and letters of administration mY be granted to him or them accordingly. 235. Letters of administration: with the sn Citation before annexed shall not be gran - of administration to *0 any legatee other ia legatco other than unj- Universal or a resi versal or residuary, legatee, until a citation hss . been issued and publishe a the manner hereinafter mentioned, calling ° @ Next-of-kin to letters of administration accept or refuse 236. Letters of administration cannot be aah who TO whom adminis. ed to any person sousd tration may not be mimor or is o gtanted, mind, nor, unless aed ed was a Hindu, Muha an, Buddhist, Sikh or Jaina or an exempted Perron, to a Married woman without the previou! Consent of her husband | | pant Ww] THE GAZETTE OF INDIA, OCTOBER 10, 1925 ——— 107 a= CHAPTER II. OF LIMITED GRANTS. Grants limited in duration, oat When o will has .been lost or mislaid or probate an , has been destroyed by wrong jent and not by any act of the testator, and grace! ° he draft of the will has been preserved, 3 copy a be granted of such copy or draft, ed until the original or a properly authenti- 1 voted COPY of it


been preserved, 3 copy a be granted of such copy or draft, ed until the original or a properly authenti- 1 voted COPY of it is produced. n a will has been lost or destroyed 238. Whe ‘and no copy has been fae hate of fair ad nor the draft preserved, aflot ordestroyoe "probate may be granted of vs contents if they can be established by evidence. 939. When the will is in the possession of a probateofcopywhere person residing out of the criginal exists. province in which applica- tion for probate is made, who has refused or neglected 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 ganted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an suthenti- cated copy of it is produced. 240. Where no will of the deceased is forth- Administration until coming, but there is reason vill produced, to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced. Grants for the use and benefit of others having right. 241. When any executor is absent from the Administration, with PTOvince in which applica- wey oot to attor- tion is made, and there is ~ executor, no executor within the pro- nace willing to act, letters of administration,


applica- wey oot to attor- tion is made, and there is ~ executor, no executor within the pro- nace willing to act, letters of administration, with ; will annexed, may be granted to the attorney * agent of the absent executor, for the use and eit of his principal, limited until he shall obtain Probate or letters of administration granted to himself, 242. When any person to whom, if present, Administrats letters of administration, rel t™exed, to attor, With the will annexed, might Who, j sie person be granted, is absent from . *atitled to eq rould the province, letters of ad- . minis- sninistration, with the will 10 his Attorn annexed, may be granted " Section a4). or agent, limited as mentioned 243, dans When 4 person entitled to administration tmey of tation to at. im case of intestacy is absent intitled to ;ut Person from the province, and no i Hintestacy, ter person equally entitled is "istration willing to act, letters of ad- EAE of the may be granted to the attorney or * <etion 247 bsent person, limited as mentioned since the testator’s death, or Se, 244. When a minor is sole executor or sole residuary legatee, letters of administration, with the will annexed, may be ee to the legal ardian of suc i or to such other person a the Court are until the minor has attained his majority at which period, and not before, probate of i ceinted tote probate of the will shall be


are until the minor has attained his majority at which period, and not before, probate of i ceinted tote probate of the will shall be Administration during minority of sole executor or residuary logateo, 245. When there are two or more minor executors and no executor who has attained majority, or two or more residu: legatees and no resid legatee who has attained majority, the grant shall be limited until one of them shall have attained his majority. Administration during Minority of soveral oxeou- tors or residuary logatecs. 246. If a sole executor or a sole universal or Administration for uso residuary legatee, or a per- and benefit of lunatic or gon who would be solely ° entitled to the estate of the intestate according to the rule for the distribu- tion of intestates’ estates applicable in the case of the deceased, is a minor or lunatic, letters of admin- istration, 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 is no such persen, to such other person as the Court may think 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. 247. Pending any suit touching the validity of the will of a deceased Administration pendente person or for obtaining lite. or revoking any probate or any


Pending any suit touching the validity of the will of a deceased Administration pendente person or for obtaining lite. or revoking any probate or any grant of letters of ad- ministration, the Court may appoint an adminis- trator 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. Grants for special purposes. 248. If an executor is appointed for any limited purpose specified imi to in the will, the probate puryoceapecifd. in will, shall be limited to that purpose, and if he should appoint an attorney or agent to take administra- tion on his behalf, the letters of administration, with the will annexed, shall be limited accordingly. _ If an executor appointed generally gives a 249. 1 authority to an attorney Administration, with or agent to prove a will Sa on his behalf, and the authority is limited to 4 articular purpose, the letters of administration, with the will annexed, shall be limited accordingly. 108 THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Pany ly ewes pe dies, leaving property of 250. Where a Por hich he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, ral representative, or one who Se atlesor wailiig act as such, letters - administration, limited to such property,


no beneficial interest on his own account, ral representative, or one who Se atlesor wailiig act as such, letters - administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf. . When it is necessary that the representa- 22 ° tive of a person deceased be made a party to a pend- ing suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be ted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete exccution. 252. If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administra- tor to whom the same has been granted is absent from the province within which the Court which has granted the probate or letters of administration exercises jurisdiction, th» Court may grant, to any person whom it may think fit, letters of ad- ministration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carry- ing the decree which may


of becoming and being made a party to a suit to be brought against the executor or administrator, and carry- ing the decree which may be made therein into effect. 253. In any case in which it appears necessary for preserving the property of a deceased person, the Court within whose jurisdic- tion any of the property is situate may grant to any Person, whom such Court may think fit, letters of administration limited to the collection and pre- servation of the property of the deceased and to the giving of discharges for debts due to his estate subject to the directions of the Court, 254. (1) Whena person has died intestate, or leaving a will of which there 18 DO executor willing and competent to act or where the executor is, at the time of the death of such person Sara out of the province, and it appears to be necessary or conveiient to appitt conn person to administer the estate or any part thereof other than ip een wie. in ordinary circum. .» Would be entitled to a grant inis- en oe Court may, in its discretion en regal Fe sansuinity, amount of interest, the a " ae ie and probability that it will be Administration limit- ed to property in which person has beneficial interest. Administration limit- ed to suit. é Administration limit- ed to purpase of be- coming party to suit to be brought against administrator, Acministration limit. ed to cellection and preservation of de. ceased’s


limit- ed to purpase of be- coming party to suit to be brought against administrator, Acministration limit. ed to cellection and preservation of de. ceased’s property, Appointment, as od- nunistrator, of person other than one who, in ordinary — circum. stances, would be en. titled to adininistration, (2) In every such case letters of tration may be limited or not as the Cour it fit. Grants with exe cplion. 255. Whenever the nature of the : Cag Probate or adminis- requires that an CXCeNtion tration, with will an- be made, probate of will, nexed, subject to ex- oy letters of 9 dministy.. ception. with the will annexe ziti be granted subject to such exception, » Shall ' 256. Whenever the nature of the case redjuize Administration with that an exception be Made exception, letters of administratio, shall be granted subject to such exception, 2 Grants of the rest. 257. Whenever a grant with exception of Probate or adminis- probate, or of letters of aq. tration of rest. ministration, -with ‘or with. out the will annexed, has been made, the Person entitled to probate or administration of the re. mainder of the deceased’s estate may take , grant of probate or letters of administration, as the case may be, of the rest of the deceased's estate. : Grant of effects unadministered. 258. If an executor to whom probate has been Grant of effects un- granted has died, leaving administered, a part of the testator’s estate unadministered, o new representative may be


whom probate has been Grant of effects un- granted has died, leaving administered, a part of the testator’s estate unadministered, o new representative may be appointed for the purpose of administering such part of the estate. 259. In granting letters of administration of Rules as to grants of an estate not fully adminis effects unadministere.t, tered, the Court shall be guided by the same rnics as apply ‘to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. 260. When a limited grant has expired by Adwinistration when efflux of time, or the limited grant expired happening of the event and still some" part of contingency on which it estate unadministered, was limited, and there 15 still some part of the deceased’s estate unadminis tered, letters of administration shall be granted to those persons to whom original grants might have been made. CHAPTER III. ALTERATION AxD Revocation oF GRANTS: 261. Errors in names and descriptions, m What errors may be setting forth the time a0 *eetifled by Court. place of the deceased's deat or the purpose in a inited arant, may be rectifi by the Court, and the gran. of probate or letters of a Station may be .Itered and umed accordingly. y be . Itere 262. If, after the grant of letters of admit, tration with the _ ‘is annexed, a codicil ded covered, it may be rool _ to the grant on due ae and identification, and the


tration with the _ ‘is annexed, a codicil ded covered, it may be rool _ to the grant on due ae and identification, and the mant may be alte and amended accordingly, ° Procedure whe * *. re colic.] discovered after grant of administration with will annexed, | _- THE GAZETTE OF | part IV] = ant of probate or letters of ad- 963. The gt ministration may be revok- ton or annul- ed or annulled for eat for just cause. cause, fn Feplanation —Just cause Shall be deemed to ‘4 ist Where— . exist the proceedings to obtain the grant were (a) defective in substance; or nt was obtained fraudulently by 0) ese a false suggestion, or by conceal- ‘a7 from the Court something material to the case ; or {¢) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the. prant, though such allegation was made in ignorance or inadvertently ; or (d) the grant has become useless and in- operative through circumstances ; or (ce) the person to whom the grant was made has wilfully and without reason- able cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrie in a material respect, just Illustrations, (i) The Court by which the grant was made had no juris- diction, (ii) The grant was made without


in a material respect, just Illustrations, (i) The Court by which the grant was made had no juris- diction, (ii) The grant was made without citing parties who ought to bare been cited. wi) The will of which probate was obtained was forged or revoked, (it) A obtained letters of administration to the estate of B, hb widow, but it has since transpired that she was never Duried to him. (t) A has taken administration to the estate of Bas if he | bd died intestate, but a will has since been discovered. oat) Since Probate was granted, a Iater will has keen dis- (tii) Since Probate was oe ais. Fs granted, a codicil has beon dis a Which revokes or adds to the appointment of execu- under the wil] 7 (clit) The tration mind, Person to whom probate was, or letters of ad- Were, granted has subsequently become of un- CHAPTER IV, "me Practice IN GRANTING AND REVOKING SBATES aD Lerrers OF ADMINISTRATION. *84, (1) The District Judge shall have jurisdic- Dittdietion of tion in granting and revok- Piatiog glide in ing probates and letters of Fates eta ‘voking administration in all cases (2) within his district. By Conte tin cases to which section 57 applies, tke towne sp 22Y local area beyond the limits ot = Of Calcutta, Madras and Bombay, and “e of Burma, shall, where the deceased Pen” Muhammadan, Buddhist, Sikh or fs Prob, on exempted person, receive applications Leal Co or letters of administration until


of Burma, shall, where the deceased Pen” Muhammadan, Buddhist, Sikh or fs Prob, on exempted person, receive applications Leal Co or letters of administration until the teal cfg, ment has, by a notification in the at Gazette, authorised it so to do. - NDIA, OCTOBER 10, 1925. To. == SS Se 265. (1) The High Court may appoint such Power to appoint judicial officers within any Prlegate of District district as it thinks fit to pe Patios woe non- act for the District J udge as " Delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may pre- Scribe : Provided that, in the case of High Couris not, established by Royal Charter, such appointment shall not be without the previous sanction of the Local Government, (2) Persons, so. appointed shall be - called “ District Delegates ”. 266. The District Judge shall have the like District Judgo’e Powers and authority in Powers as to grant of relation to the granting of Probate and adminis- probate and letters of admin- tration. : . 7 istration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court. 267. (1) The District J udge may order any District Judge may Person to produce.and bring order person to produco into Court any paper or testamentary papers, writing, being or purporting to be testamentary, which may be shown to be in the possession


to produco into Court any paper or testamentary papers, writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person, (27 If it is not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined respecting the same. (3) Such person shall be bound to answer truly such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, in case of XLV of 1860, default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default. (4) The costs of the proceeding shall be in the discretion of the Judge. 268, The proceedings of the Court of the Proceedings of Dis. District Judge in relation to trict Judge's Court in the granting of probate and relation to probate and Jetters of administration administration. shall, save as hereinafter erwise provided, be regulated, so far as the ee of the case permit, by the Code of Civil


of administration administration. shall, save as hereinafter erwise provided, be regulated, so far as the ee of the case permit, by the Code of Civil Procedure, 1908. 269. (J) Until probate is granted of the will Siac: gud e Beers pean or au Bis in- administrator of his estate cee for’ protection is constituted, the District of property. Judge, within whose juris- diction any part of the property of the deceased rson is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs auy risk of loss or damage; and for that purpose, if ot r V of 1008. ‘ GAZETTE 110 THE GAs OF INDIA, OCTOBER 10, 1926. ( Parr yy fit, to appoint an officer to take and keep posses- sion of the property. (2) This section shall not apply bla deceased is a Hindu, Mubammadan, al . Sikh or Jaina or an exempted peo, radian apply to any part of the property of an Christian who has died intestate. a fthe will or letters of admunis- 270. Probale ° tration to the estate of a istrati he deceased person may be granted, yy "District granted by a District Judge Soage under the seal of ps Sout if it appears by a petition, verified as herematter provided, of the person applying for the same that the testator or intestate, as the


Sout if it appears by a petition, verified as herematter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immove- able, within the jurisdiction of the Judge. en the application is made to the kane Tndge of a district in which the deceased had no fixed abode at the time of his ceased had no fixed death, it shall be in the abode. discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his Own juris- diction. : , 272. Probate and letters of ex sayctean may, upon application for of "tdministration’ wey that purpose to any District be granted by Dele- Delegate, be granted by him gate. in any case in which there is no contention, if it appears by petition, verified as hereinafter provided, that the testator or intestate, as,the case may be, at the time of his death had a fixed place of sbode within the juris- diction of such Delegate, When probate or ad- Disposal of applica- tion made to Judge of district in which de- 273. Probate or letters of administration shall cane have effect over, all the Nelusivenoess of pro. Gata or tee PE o.


district in which de- 273. Probate or letters of administration shall cane have effect over, all the Nelusivenoess of pro. Gata or tee PE o. property and estate, move- ministration. able or immoveable, of the , deceased, throughout the province in which the same is or are granted, and shall be conclusive as to the Tepresentative 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 have been granted : Provided that probates and letters of adminis- tration granted— (2) by a High Court, or (b) by a District Judge, where the deceased at the time of his death had & fixed Place of abode situate within the juris- diction of such Judge, and such Judge certifies that the value of the pro- perty and estate affected } limits of the provine oe emect e does not ten thousand rupees, exceed shall, unless otherwise directed b like effect throughout the wh y the grant, have ole of British India, ————— —— ee 274. (1) Where probate or letters of aq. mission to High tration has or haye bes Ceca ot certificate of granted by B High Com nts under proviso to or District Judge with the section 273, effect referred to in the viso to section 273, the High Court or Dise Judge shall send


to or District Judge with the section 273, effect referred to in the viso to section 273, the High Court or Dise Judge shall send a certificate thereof to the folle vt ing Courts, namely :— (a) when the grant has been made by a High Court, to cach of the other Te Courts ; (b) when the grant has been made ya District Judge, to the Hi gh Cours ; which such District Judge is subord. nate and to cach of the other High Courts. . (2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances ag. mit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court pr. ceiving the same. (3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in sections 276 and 278, to be situate within th jurisdiction of a District Judge in another prov. ince, the Court required to send the certificats referred to in sub-section (J) shall send a copy thereof to such District Judge, and such copy shall be filed by the District Judge receiving the same. 275. The application for probate or lettersof administration, if made and verified in the manner her- inafter provided, shall be conclusive for the purpox# of authorising the grant of probate or administration : and no such grant shall be impeached by reason only that the testator o intestate had no fixed place of abode or


or administration : and no such grant shall be impeached by reason only that the testator o intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtaised by a fraud upon the Court. 276. (1) Application for probate or for lettes of administration, with th will annexed, shall be ma by a petition distinctly written in English or 2 language in ordinary use in proceedings before Court In which the application is made, with 7 will or in the cases mentioned in sections 23h, 238, and 239, a copy, draft, or statement of contents thereof, annexed, and stating— (a) the time of the testator’s death, (6) that the Writing annexed is his last testament, (c) that it was duly executed, state td (2) the amount of assets which are likely come to the petitioner’s hands, and ¢the (c) when the application is for probate, that 5 petitioner is the executor named in ann (2) In addition to these particulars, the pe shall further state,— tri! (a) when the application is to the wee . Judge, that the deceased at the tim” 1b death had a fixed place of abode, © i some property, situate within the] tion of the Judge; and Conclusiveness of ap- plication for probate or administration if perly made and verified Petition for probate, willss! ay ~ | | at IV] THE GAZETTE OF INDIA, OCTOBER 10, 1925,


probate or administration if perly made and verified Petition for probate, willss! ay ~ | | at IV] THE GAZETTE OF INDIA, OCTOBER 10, 1925, lll ten the application is to a District () i elegate, that the deceased at the time t his death had a fixed place of abode sithin the jurisdiction of such Delegate. he application is to the District 3) Where sartion of the assets likely to come judge *" itioner’s hands is situate in another to the P the petition shall further state the provinees such assets in each province and the t Judges within whose jurisdiction such spor sctric Distt?’ © situate. gssets are 5 977, In cases wherein the will, copy or draft cases trans- is written in any language Ja wha will tobe other than English or than Weert to petition. that in ordinary use in Verification of trons proceedings before the Court, ition OY Franslator. there shall be a translation i of annexed to the petition by a translator of Pe court, if the language be one for which a ranelator is appointed ; or, if the will, copy or draft is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely :— “1 (A. B.) do declare that I read and per- fectly understand the language and character of the original, and that the above is a true and accurate translation


declare that I read and per- fectly understand the language and character of the original, and that the above is a true and accurate translation thereof.” 278, (1) Application for letters of administra- Petition for letters of tion shall be made by peti- administration, aforesaid and stating-- (a) the time and place of the deceased’s death, (6) the family or other relatives of the deceased, and their respective residences, (c) the right in which the petitioner claims, (d) the amount of assets which are likely to come to the petitioner’s hands, (e) when the application is to the 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 (f) 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. ; (2) Where the application is to the District udge and any portion of the assets likely to come to the petitioner’s hands is situate in another Provinces wount of such assets in each province and the istrict Judges within whose jurisdiction such ‘sets are situate. 279, (1) Every person applying to any of in petiento statement the Courts mentioned i ps Prbite or’ tats, (°F proviso to section or tdmtinistration tc oo! Brbats of a will or letters tate 4 of administration of au In .- intended to have effect throughout


to section or tdmtinistration tc oo! Brbats of a will or letters tate 4 of administration of au In .- intended to have effect throughout British the » Shall state in his petition, in addition to Atters respectively required by section 276 ~ tion distinctly written as » the petition shall further state the, =— and section 278, that to the best of his belicf no application has been made to any other Court for a probate of the same will or for letters of adminis- tration 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. (2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same. 280. The petition for probate or letters of administration shall in all cases be subsoribed by the petitioner and his pleader, if any, and shall be verified in the following manner, Petition for probate, ete., to be signed and vorified, by the petitioner namely :— “T (A, B.), the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.” 281. Where the application is for probate, Verification of poti. the petition shall also be tion for probate, by one verified by at least one


281. Where the application is for probate, Verification of poti. the petition shall also be tion for probate, by one verified by at least one of witnoss Lo will . the witnesses to the will (view procurable) in the manner or to the effect ollowing, namely :— 8 “I(C. D.), one of the witnesses to the last will and testament of the testator men- 0 tioned in the above petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or that the said testator acknow- ledged the writing annexed to the above petition to be his last will and testament in my presence), 282. If any petition or declaration which is Punishment for fnlso hereby required to be veri- averment in petition or fied contains any averment declaration, which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Indian Penal ~ Code. 283. (I) In all cases the District Judge or Powers of District District Delegate may, if Judge. he thinks proper,— (a) examine the petitioner in person, upon oath ; (6) 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; (c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of