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 probate or letters of administra- tion. (2) The citation shall be fixed up in some con- spicuous part of the court-house, and also in the oflice of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct ee XLV of 18 THE GAZETTE OF INDIA, OCTOBER 10, eas: 112 U Parr yy ee (3) Where any portion of the ates en stated by the petitioner to be situa V rs jurisdiction of a District Judge in anot. a pr be i the citation to be sen ; Juaee, who shall publish the same in the 4 manner as if it were a citation issued by hims a and shall certify such publication to the Distric Judge who issued the citation. inst the grant of probate 284. (1) Caveats nat “administration may be probate ov udainetre ith the District dministra- lodged with the -_e a Judge or a District Dele- gate. 2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. 3) Immediately on a caveat being entered with the District Jiutles a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time


be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time of his death, and to any other Judge or District. Delegate to whom it may appear to the District J udge expedient to transmit the same. , (4) The caveat shall be made as nearly as cir- cumstances admit in the form set forth in Schedu'e Y. 285. No proceeding shall be taken on & peti- After entry of caveat, 100 for probate or letters of no proceeding taken on administration after a caveat petition until after no- against the grant thereof hag Heo to enveator, been entered with the J udge or District De'ezate to whom the application has been made or notice has been given of its entry with some other Delegate, until aftersuch notice to the person by whom the same has been entered as the Court may think reasonable. 286. A District Delegate shall not grant pro- District Delegate bate or letters of adminis- when not to grant tration in any case in which Frubete or administra. there jg Contention as to . the grant, or in which it otherwise appcars to him that probate or letters of administration ought not to be granted in his Court. Explanation," Contention” means the ap- pearance of any one in person, or by his recognized agent, o: by a pleader duly appointed to act on his behalf, to Oppose the proceeding, Form of rarer


in person, or by his recognized agent, o: by a pleader duly appointed to act on his behalf, to Oppose the proceeding, Form of rarer 287. In every case in which there is no con- tention, but it appears t Power to transmit a PP ° statement to Districe the District Delegate doubt- Judge am doubtful ful whether the probate or cases i * in; 7 tention 2° © Jettory of adninistration should or should not be eTanted, or when any question arises jn Telation to the grant, or pplication for the grant, of an Probate or letters of administration, the District Delvsate miy. if he thinks Proper, transmit a statement of the matter in question to the istrict Judue, who av dircet. the District eh vate to Proceed in the matter of the applica i. ace | i On, according ta such structions as ta the Judge may seem necessary, or may forbig a farthet proceeding by the District Delegat, in relation to the matter of such applicatiy leaving the party applying for the grant in question to make application to the Judge, 288. In every case in which there ig contention or the District Delegate ig Procedure whore of opinion that the Probaty District Delegate OF letters of administration thinks probato or letters should be refused in his Co tise of administration should the peti tion, with —- on be refused in his Court, ments which may hace isa filed therewith, shall be returned to the person by


the peti tion, with —- on be refused in his Court, ments which may hace isa filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do ; and, in that. case, the same shall be sent by him to the District Judge, . 289. When it appears to the District Judge or District Delegate that probate of a will should he granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI. Grant of probate to bo under seal of Court, 290. When it appears to the District Judge or District Delegate that letters Grant of lettersof of administration to the Somme ey ed be estate of a person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VIL. 291. (7) Every person to whom any grant of letters of administration, . other than a grant under section 241, ig committed, shall give a bond to Administration-bond. in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or Special order, direct. (2) When the decea-ed was a Hindu, Muham-


which bond shall be in such form as the Judge may, by general or Special order, direct. (2) When the decea-ed was a Hindu, Muham- madan, Buddhist » Sikh or Jaina or an exempted person— (2) the exception made by sub-section (J) in respect of a grant under section 241 shall not operate ; . (6) the District Judge may demand a like bond from ny person to whom probate 1s granted, "292. The Court may, on application made by Petition and on being satis- & of admin. fied that the engagement beg of any such bond has not een kept, and 4POn sich terms as to security, OF “© Money received be paid into wt, or otherwise, as the Cours may think fit, assign the Same to some Person, his executors OF uustrators, who shall to sue on the said bong In his or their own nsme- ‘ame had been originally giveD Assignmen istration-bond, — } THE GAZETTE OF INDIA, Ocropup 10, 1995, 113 apt IS —— _ ge tead of to the Judge of the 299. F _ a of be entitled to recover thereon, as very order ee ty are Judge yb and shall rsons interested, the full amount of Deals from orden, hereby confased o ae fost for all Pspoct of any breach thereof, me Judge, shall be subject to ipoesl is ene ml te of a will shall be granted the High Court in accordance with the provisions ropa. No PONS © ntil after the


is ene ml te of a will shall be granted the High Court in accordance with the provisions ropa. No PONS © ntil after the expiration Of the Code of Ciyi1 Procedure, 1908, applicable ral pine fF ‘aistration. letters of administration wand ad shall be granted until after tion of fourteen clear days from the day 8 1 ator or intestate’s death, e3 {the District Judge, or District go. (1) Hyer Delegate, shall file and of original wills preserve all original wills, 3, probato a a of which probate or letters ai with wi of administration with the poten will annexed may be puied by him, among - dee: of ma ie *jjsome public registry for wills is established, “The Local Government shall make regula- ves for the preservation and inspection of the 70 filed. a 993, Inany cuse before the District Judge in which there is conten- frsclure in contentious tign the proceedings shall cass take, as nearly as may be, Ae form of a regular suit, according to the pro- rsns of the Code of Civil Procedure, 1908, in mh the petitioner for probate or letters of ad- titration, as the case may be, shall be the plain- Jatd the person who has appeared to oppose “grat shall be the defendant. 298, (1) When a stant of probate or letters of administration is revoked Emi bri or annulled under this Act, rsntion, the person to whom the stant was made shall forth: “deliver up the probate or letters


revoked Emi bri or annulled under this Act, rsntion, the person to whom the stant was made shall forth: “deliver up the probate or letters to the Court ma made the grant, Bi such Person wilfully and without rea- ey ee omits so to deliver up the probate me shall be punishable with fine which = ."tend to one thousand rupees, or with < for a term which may extend to ~ mnths, or with both. ‘Mena grant of probate or letters of ad- fat executor Ministration js revoked, all Brg wet leloe payments bond fide made to ated tstra. any executor or administra- Re ctation i tor under such “rant before * Rocation lereof shall notwithstanding “Othe gan” 2 teal discharge to the person chy}. es aud the executor or administra- s Main and 4 under any such revoked grant 2S made inburse himself in respect of any ‘ Ot letter nm which the person to whom 5 ted might , administration ma y afterwards QB y bri ave lawfully made. hstan img anything hereinbeforé . wy na iligk ae UY SHEN! of Jatnastornhot eer: bk ane bly, be in the discretion of the RL by it j orrlor refusing, for reasons to be Sof aq atting, to grant any application “tration made under this Act. : toes’ letter Contained, it shall, where tion, the deceased was a Muham- booth op 9 Hing, madan, Buddhist or exempt- bo 4td 1D 300. (2) The High Court shall have concurrent jurisdiction


the deceased was a Muham- booth op 9 Hing, madan, Buddhist or exempt- bo 4td 1D 300. (2) The High Court shall have concurrent jurisdiction with the Dis- ne ic udge in the exercise of all the powers here conferred upon the District Judge. , — (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent juris- PY conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay, and the province of Burma, shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, Fecelve applications for probate or letters of a tration until the Local Government has, by a notification in the local official Gazette, authorised it so to do, 301. The High Court may, én application made to it, suspend, remove or discharge any private executor or administrator and provide for the suc- ‘Concurrent syesca: . juris tion of High Court. Romoval of executor or administrator and provision for successor, , Property belonging to the estate. 302. Where probate or letters of administration in respect of any estate has or have been granted under this Act, the High Court may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof. . CHAPTER V. Or EXEcutors oF THEIR OWN WrRonc. 303, A person who intermeddles with the estate of the deceased, or of


the administration thereof. . CHAPTER V. Or EXEcutors oF THEIR OWN WrRonc. 303, A person who intermeddles with the estate of the deceased, or of his own does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. Exceptions.—(1) Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the imme- diate necessities of his family or property, does not make an executor of his own wrong. (2) Dealing in the ordinary course of business with goods of the deceased received from another does not make an executor of his own wrong. illustrations, Directions to oxccutor or idministrator, Executor wrong. (3) A uses or gives away or sells some of the “oods of the decunsed, ur takes them to satisfy his own debt or leyacy - receives payment of the debts of the deceased. He is an ence : his own wrong. _ me a having been appointed agent by the deceased in his lifetime to collect his debts and ecll his gouda, continucs todo so after he has become aware of his deatu. MHeis an executor of his own wrong in reapect of acta dene atter he has become : the death of the deceased, a amin A sussas executor of the deceased, not being such, He is an executor of his own wrong, XLY of 1860, 114 THE GAZETTE


a amin A sussas executor of the deceased, not being such, He is an executor of his own wrong, XLY of 1860, 114 THE GAZETTE OF INDIA, 0 CTOBER 10, 1925. — — —— acted ag to become an executor of his own Liability of executor of wrong, he is answerable to his own wrong. the rightful executor or i f the dministrator, or to any creditor or legatee 0 Aeoancilfe the extent of the assets which any have come to his hands after deducting paymen s made to the rightful executor or administrator, 7 : payments made in due course of administra tion. 304. When a person has s0 CHAPTER VI. Or THE Powers OF AN EXECUTOR OR ADMINIS- TRATOR. 305. An executor or administrator has the same power to sue In _respect In respect of causes of all causes of action that of action aa survive the deceased, and reer and rents due may exercise the same power . for the recovery. of debts as the deceased had when living. 306. All demands ‘whatsoever and all rights to prosecute or defend any action or special proceeding existing in’ favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal Code, or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could


other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory. Demands and rights of action of or againat deceased survive to and against executor or ad- ministrator. Illustrations. (i) A collision takes place on a Tailway in consequence of some neglect otefault of an official, and a passengor is soverely hurt, butnot so as to causodeath. Ho afterwards dies without having brought any action. The cause of action docs not survive. (#1) Asucs fordivoree, A dies. The causo of action does not survive to his representative, 307. (1) Subject to the provisions of sub-sec- tion (2), an executor or ad- ministrator has power to dispose of the property of the deceased, vested in him under section 211, either wholly or in part, in such manner as he may think fit. Power of oxecutor or administrator to dis. pose of property, Illustrations, ‘ ~ (i) The ince has nent a specific bequest of part of his property, The executor, not having assented to the be sells the subject of it. The sale is valid. aa (ti) The executor in the exercise of his discretion mortgages nial a immoveable estate of the deceased, Tho mort. (2) If ‘the deceased was a Hindu, Muham- madan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (Z) shall be subject: to the following restrictions and conditions,


madan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (Z) shall be subject: to the following restrictions and conditions, namely :— (1) The power of an executor to dispose of immoveable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, yp] "has been granted to him and pete ' which granted the probate permite by an order in writing, notwithsts bin the restriction, to dispose of any j niin able property specified in the onde manner permitted by the order, i (it) An administrator may not, without | previous permission of the Cour h which the letters of administration im granted— en (a) mortgage, charge or transfer by sale gift, exchange or otherwise an immoveable property for the tin being vested in him under Sectiog 211, or (b) lease any such property for a tem exceeding five years, (iit) A disposal of property by an execute, or administrator in contravention af clause (7) or clause (zi), as the case may be, is voidable at the instance ¢ any other person interested in the po. perty. (3) Beforeany probate or letters of admini: tration is or are granted in such a case, then shall be endorsed thereon or annexed thereto a copy of sub-section (J) and olauses (i) ani (11t) of sub-section (2) or of sub-section (7) and clauses (71) and (iit) of sub-section (2), as th case may be. ; (4)


(i) ani (11t) of sub-section (2) or of sub-section (7) and clauses (71) and (iit) of sub-section (2), as th case may be. ; (4) A probate or letters of administration shal not be rendered invalid by reason of the e& dorsement or annexure required by sub-section(} not having been mode thereon or attac thereto, nor shall the absence of such an & dorsement or annexure authorise an executet or administrator to act otherwise than » accordance with the provisions of this sectio 308. An executor or administrator may, in addi tion to, and not in dems General powers of tion of, any other powers administration. eisable by him, incur expenditure— (a) on such acts as may be necessary {0% the proper care or management of any al perty belonging to any estate ada tered by him, and (2) with the sanction of the High Cou,’ such religious, charitable and objects, and on such improvemel!s may be reasonable and propet ~ case of such property. te 809. An executor or administrator shall 2% Commission entitled to receive oF es agency charges, any commission 0 tet charges at a higher” that for the time being fixed in respect i Administrator General by or under the A trator General's Act, 1913. expenditure lawfully &, a a SP Seaeere chee 2 oe _— THE GAZETTE OF INDIA, OCTOBER 10, 1995 ] f ate st ae cutor or administrator purchases, executor or administrator is entitled in that [fany exe ither directly or indirect] 430.


10, 1995 ] f ate st ae cutor or administrator purchases, executor or administrator is entitled in that [fany exe ither directly or indirect] 430. ei y irectly, character; and shall in like mann ithi | py oseoutor any part of the property of year from the grant or within such farther tae 38 115 af eas Eee pede ator of 8% the deceased, the sale is the said Court i ibi a He poten voidable at the instance of of the estate, "showing. “the ets oki have j per perso snterested in the property sold. come to his‘hands and the manner in which pyot ‘ynen there are several exeoutors or they have been applied or disposed of. 313 administrators, the powers (2) The High Court may prescribe the form in ages of Latin of all: may, in the absence of oe tiie which an i : . ey of any direction to the con- ‘te eva or account under this section prea reisablo : rains trary, be exercised by any ee pera WhO has proved the will or taken out (3) Tf an executor or administrator, on being ge 0 ration. required by the Court to exhibit an inventory or’ sani Illustrations, account under this section, intentionally omits to ajeoreral executors has power to release a debt due comply with the requisition, he shall be deemed a hah Lae to have committed an offence under section 176 of x1V of 1860, pile der a lease. : the Indian Penal


be deemed a hah Lae to have committed an offence under section 176 of x1V of 1860, pile der a lease. : the Indian Penal Cod one bas power to surren e an Penal Code. (u ‘er to scll the property of the deceased regs . - oe ‘as pone, to Ee: _ (4 The exhibition of an intentionally false a has power to assent to a legacy. ieee . secotnt under this section shall be i) : eemed to be an offence under section 193 of dorse a promissory note payable to (joe be Pomorie ® Pronussory nom Paya that Code. te de . . ints A, B, C and D to be executor, f me will appoit th aaGerguceum, Nouehess 318. In all cases where a grant has been made elit ingle oxceutor, Taventory te ineluds of probate or letters of ad- 312, Upon the death of one or more of several of British India in have effect throughout the ; executors or administrators, certain cases. ams ° fgorival of powerson _ whole of British India, the death of one of iin ra enemas we executor or administrator shall include in the oo = ail " im f ef Fic a inventory of the effects of the deceased all his || the sees the Pe arene moveable and immoveable property situate in dnistration, a” whe P ‘ British India, and the value of such property vated in the survivors or survivor. situate.in each province shall be separately stated


a” whe P ‘ British India, and the value of such property vated in the survivors or survivor. situate.in each province shall be separately stated 313, The administrator of effects unadminis- in such inventory, and the probate or letters of tered has, with respect to administration shall be chargeable with a fee Powers of adminis- corresponding to the entire amount or value of tntor of elects unad- such effects, the same rhistered. powers as the original exe- the property affected thereby wheresoever situate | citor or administrator. within British India. 314, An administrator during minority has 319. The executor or administrator shall collecé,. ; ith reasonable diligence,. Powens: af adninias all the powers of an ordi- wi ) trator daring minority, nary administrator. As to property of, the property of the deceased 3 and debts owing to, and the debts that were due- 15. When a grant of probate or letters of deceased. to him at .the time of his Pextrs of married 8dministration has been death. an or adminis- made to a married woman, to ordin she has all the powers of ary executor or administrator. Expensee to be paid 320. Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and before all debts death-bed charges, including CHAPTER VII. Op fees for medical attendance, and board and lodg- TE Durigs or AN EXECUTOR OR ADMINIS- ing for one month previous to his death, shall be , TRATOR. paid before all debts. 18. Tt


TE Durigs or AN EXECUTOR OR ADMINIS- ing for one month previous to his death, shall be , TRATOR. paid before all debts. 18. Tt is the duty of an executor to provide 321. Tho expenses of obtaining probate or At to deceasea; funds for the performance letters of administration in- “el, * of the necessary funeral Expenses to be paid cluding the costs incurred Ma manner enter, oremonies of the deceased ashe wer such ©" for or in respect of any lft pro €r suitable to his condition, if he has Ee judicial proceedings that may Perty sufficient for the purpose. be necessary for administering the estate, shall 817, (2) . be paid next after the funeral expenses and death- t An executor or administrator shall, bed charges. fagnY and ac. sities Tan ee 322, Wages due for services rendered to the grant of probate or letters . Wag 5 re ch fun of administration, or within deceased within three months te prob her time as the Court which granted Wages for cortain sor next preceding his death by ta’ 9 at or letters may appoint, exbibit in vices 10 be next paid, any labourer, artizan or ing Court an ; Dee ae tall and then other debts. gomestic servant shall next Tue eg mventory containing oi be paid, and then the other timate of all the property in : ) eh : a and all the credits, and i all the debts of the deceased according to their


of all the property in : ) eh : a and all the credits, and i all the debts of the deceased according to their respective " by any person to which the priorities (if any). 116 "HE GAZETTE OF INDIA, OCTOBER 10, 1995, SS id, no creditor shall have 323. Save paar of priority ov . r idequally snother; but the executo Sadan -— or me are a pay i own such debts as he knows of, including his own, equally and rateably as far as the assets of the deceased will extend. its J divas . (Z) If the domicile of the eceased w =e not in British India, the pier Plcation ae application of lus moveable raonl Po debts w ere property to the payment of domicile not in British his debts is to be regulated taille by the law of British India. (2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment into account for the benefit of the other creditors, (3) This section shall not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Jilustration, Save as aforesaid, all remain due to them, 325. Debts of every description must be paid | Debts to be paiq before any legacy, fore levacics, 326. If the estate of the deceased js subject


of every description must be paid | Debts to be paiq before any legacy, fore levacics, 326. If the estate of the deceased js subject Exceutor oe adminis. 0 any contingent liabilities, trator not bound to al exceutor or administra- Eimer without tor is not bound to pay any * legacy without a sufficient indenmity to mect the liabilities whenever they may become due, 327. If the assets, after payment of debts, Abatement of general Recessary — expenses and egacies, Specific lepacies are not Sufficient to pay all the General legacies in full, the latter shall abate or be diminished jn e Portions, and, in the absence of any direction to the contrary in the will, the executor has no right to Pay one legatee in preference to another, or to retain any money on account of a legacy to himself or to any person for whom he is g iii, ° 328. Where there is 4 specific leg Non-abatemont of fpecific legacy when Payment of debts and neces- Paes suflicient to pay ais Ppenses, the thing ne rectied must be deliy to the legatee without any abatement, evered 329, Where there 'S & demonstrative legacy Right d : and the assets icient maigee, un er de ‘tS are suflicient to pay debts ang and Necessary expenses, the bary expenses, (gutee has” Preferentia] claim for Payment of pi, legacy out o: the fund from whic directed to be paid until such fund she Lop, and if, after the fund js


Payment of pi, legacy out o: the fund from whic directed to be paid until such fund she Lop, and if, after the fund js exhausted legacy still remains unpaid, he jg for the remainder against the gen & legacy of the amount of such » Part entitled : eral Assets Unpaid Tema 330. If tho assets are not Sufficient tp the debts And the be Rateable abatoment of legac Spe specific logacics, shall an ite latter rateably in Proportion to their ine amounts. Pee Illustration, A has bequeathed to Ba diamond rin valu and to Ca horse, valued at 1,000 rupees.” It ison ny to soll all tho offects of the testator; and his assots, my ment of dobts, are only 1,000 rupees, OF this ¢ oF 333-5-4 are to bo paid to B, and rupces 666-10.3 tote my 331, For the purpose of abatement Legacies treated general for abatement, for lif mo as for life, a sum appro,’ purpose of ed by the will to oe 40 annuity, and the val of an annuity when no sym has been Appropriat to produce it, shall be treated 48 general legac) CHAPTER VIII. Or Assenr To a Legacy ny EXEOuToR on 45 MINISTRATOR, 332. The assent of the #xecutor or administy tor is necessary to con plete a legatee’s title t his legacy, Illustrations, (i) A by his will bequoaths to B his Government pape Which is in doposit with tho Imporia!l Bank of India, Th ank has no authority


A by his will bequoaths to B his Government pape Which is in doposit with tho Imporia!l Bank of India, Th ank has no authority to deliver the socurities, nor B a cs to take possession of them, without the assent of tho execuz (ii) A by his will has bequeathed to C his houso in Calect in tho tenancy of B. C is not entitled to receive the rea without tho assont of tho oxecutor or administrator. 333. (1) The asscht of the executor or admit. istrator to a specific be quest’.shall be suffices to divest his interest # executor or‘administrator therein, and to trande the subject of the bequest to the legatee, unlesstht nature or the circumstances of the property 1 quire that it shall be transferred in» particabr way, _ (2) This assent may be verbal, and it may b either express or implied from the conduet of executor or administra tor, Mustrations, iy (1) A horse is bequeathed. Tho oxccutor requests logatoo to disposo of it, or n third party proposes to J to th? tho horse from the ®xecutor, and ho dirocts him to apply loga nt to the legney is implied. ba (¥1) Tho intorost of a fund isd; tod by tho will to boa for tho maintonaneo of the aan ducky his minority. 1, executor commencag . fsisan assent Whole of tho bequest,” (SPPIY it. Thisis oe bequest i mado ofafundto A and ates te 7 <A ~*ecutor nays tho ; to A.


assent Whole of tho bequest,” (SPPIY it. Thisis oe bequest i mado ofafundto A and ates te 7 <A ~*ecutor nays tho ; to A. implied asient to tho bonnes of the fund to (iv) Exccutory dio aft but bofore éatistaction © cieg may be Presumed, {v) A porson ty wh : ; o . been lakes possession of it and iataing se the part of the executor, Assent necessary to complete legateo's titlo, ffect of executor’s ng. sept to specific logney. quest to B. pests? i ho er paying all the debtaof the **" { specific legacies. Assont to the al pegaes™ é tb2* Tutains ic without any uF His assent may bo prs THE GAZETTE OF INDIA, OCTOBER 10, 1925 117 ofan executor or administrator 334. he sseent to a legacy may be condi- cosaiiensl assont. tional, and if the condition nich he has a right to enforce, and it is jg on0 ¥ med, there is no assent. pot perfor , Illustrations. caths to B his Iands of Sultanpur, which at the aa yan and at the death of A, wore subject to a mort- ae of the m0 ‘rupees. The executor assents to the bequest, ott for 10, that B shall within a limited time pay the amount ee ceatition rigage at the testator’s death. Tho amount is dst onthe Thero is no assent. rot Pe eexecutor assents to a bequest on condition that tho (i) Tl ay him asum of moncy. Tho payment is not


is no assent. rot Pe eexecutor assents to a bequest on condition that tho (i) Tl ay him asum of moncy. Tho payment is not yegatee & The Deeait is nevertheless valid. t. 995. (1) When the executor or administrator of executor 38a legatee, his assent to his Aer legacy. own legacy is necessary to . iete his title to it, in the same way as it is aa d when the bequest is to another person, ad his assent may, in like manner, be expressed or implied. bane TO Sg Re ode (2) Assent shall be implied if in his manner of sdministering the property he does any act which i, referable to his character of legatee and is not referable to his character of executor or adminis- trator. ; Illustration. Anexecutor takes the ront of a house or the interest of Goremment securities bequeathed to him, and applies it to his own use. This is assent. 336. The assent of the executor or adminis- Bfect of executor’s trator toa legacy gives effect usent, to it from the death of the testator. . Illustrations, (i) A legates cells his legacy before it is assented to by the executor. The executor’s subsequent assont operates for the haefit of the purchaser'and completes his title to the legacy. (ii) A bequeaths 1,000 rupees to B_ with interest from his éath, The executor docs not assent to his legacy until the ‘jurtion of a year from A's death. B is entitled to interest


from his éath, The executor docs not assent to his legacy until the ‘jurtion of a year from A's death. B is entitled to interest frm the death of A, $37. An executor or administrator is not bound Executor whon .to t0 pay or deliver any legacy éitirer legacies, until the expiration of one Year from the testator’s death. e Illustration, Aby his will directs his legacies to bo paid within six months hit bis death, The executor is not bound to pay them we the expiration of a year, , CHAPTER IX. TRE PAYMENT AND APEORTIONMENT OF 93 ANNUITIEs. 8. Where an annuity is.given by a will, wiBBencement ‘of _and no time is fixed for its fred by ie no time commencement, it shall tor's death commence from the testa- at the ov .? 20d the first payment shall be made erent, “xPitation of a year next after that 3 me Vhere there is a direction that the an- hid aoty, tobe nuity shall be paid quarterly “ath, frst fave or or monthly, the first pay- *td of the ment shall be due at the na be a quarter or first month, as the case te g ent, €r the testator’s death ; and shall, if “ket due pr Or 2dministrator thinks ft, be paid “tt be boun Ut the executor or administrator shall (to pay it till the end of the year. 340. (/) Where there is a direction that the first Totes of successive payment of an


(to pay it till the end of the year. 340. (/) Where there is a direction that the first Totes of successive payment of an annuity shall a aa z when ee be made within one month nade withinagiventime OF any other division of time or on daycertain:death from the death of the test- : sate before date ator, or on a day certain, the successive payments are to be made on the anniversary of the earliest day. On which the will authorises the first payment to be made. (2) If the annuitant dies in the interval be- tween the times of payment, an apportioned share of the annuity shall be paid to his representative. \ CHAPTER X. Or THE InvestTMENT oF FuNDS ‘To PROVIDE FOR LEGACIES. 341, Where a legacy, not being a sper ifio Investment of sum leB4cy; is given for life, the bequeathed where Sum bequeathed shall at the legacy, not specific, end of the year be invested given for life, in such securities as the High Court may by any general rule authorize or direct, and the proceeds thereof shall be paid to the legatee as the same shall accrue due. . 342. (7) Where a general legacy is given to be Investment of geno. Paid at a future time, the ral legacy, to be paid executor or administrator atfutie time: disposal ghall invest. a sum sufficient of inisimediatointorest- “fs mieet it iti Rebtivities O¢ the kind mentioned in section 341. (2) The intermediate interest shall


disposal ghall invest. a sum sufficient of inisimediatointorest- “fs mieet it iti Rebtivities O¢ the kind mentioned in section 341. (2) The intermediate interest shall form part of the residue of the testator’s estate. 343. Where an annuity is given and no fund is charged with its payment Pied ige teaser ‘or (OF appropriated by the will appropriated to annui- to answer it, a Government ty. annuity of the specified amount shall be purchased, or, if no such annuity can be obtained, then a sum sufficient to produce the annuity shall be invested for that purpose in securities of the kind mentioned in section 341. 344, Where a bequest indenting the exoiue ; tor or administrator is no legate of eral bound to invest the amount bequest. of the legacy, but may transfer the whole residue of the estate to the residuary legatee, if any, on his giving sufficient security for the payment of the legacy if it shall become due. 345. (1) Where the testator has bequeathed the residue of his estate to o person for life without any direction to invest it in any vest in particular secu- particular securities, 30 much nites thereof as is not at the time of the testator’s decease invested in securities of “the kind mentioned in section 311 shall be con- verted into money and invested in such sccurities. — (2) This section shall not apply if the deceased wasa Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Investment of


such sccurities. — (2) This section shall not apply if the deceased wasa Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Investment of reai- due bequeathed for life, without direction to in- IVa 118 THE GAZETTE OF INDIA, OCTOBER 10, 1926. [ P. ART ly 346. Where the testator has bequeathed the Investment of residue residue of his eee to a bequeathed for life, with person for life with a di- direction to invest in speci- yeetion that it shall be in- aibdiersitsliea, vested in certain specified secuiiiies, so much of the estate as is not at the time of his death invested in securities of the speci- fied kind shall be converted into money and invested in such securities. 347, Such conversion and investment as are contemplated by sections Timo and manner of 345 and 346 shall be made conversion and investment. at such times and in such manner as the executor or administrator thinks fit; and, until such conversion and investment are completed, the person who would be for the time being entitled to the income of the fund when 80 invested shall reccive interest at the rate of four per cent. per annum upon the market-value (to be computed as at the date of the testator’s death) of such part of the fund as has not been so invested : Provided that the rate of interest prior to com- pletion of investment shall be six per cent. per annum when the testator was a Hindu,


Provided that the rate of interest prior to com- pletion of investment shall be six per cent. per annum when the testator was a Hindu, Muham- madan, Buddhist, Sikh or Jaina or an exempted person. 348, (7) Where, by the terms of a bequest, the re legatee is entitled to the entitled to immediate pay- Mmamediate payment or meat or ssession iat i possession of the money or quest, and no direction i i direction in the will to pay it to any person on his behalf, the executor or administrator shall pay or deliver the same into the Court of the District Judge, by whom or by whose District Delegate the probate was, or letters of administration with the will annexed were, granted, to the account of the legatee, unless the legatee is a ward of the Court of Wardsr ae eee Saar a ward of the Court of Arcs, the legacy shall be paid to the Court of Wards to his account, uve (3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid. (4) Money when paid in under this section shall be invested in the purchase of Government securi- ties, which, with the interest thereon, shall be transferred or paid to the person entitled thereto or otherwise applied for his benefit, as the Judge . the Court of Wards, as the case may be, may irect.


the person entitled thereto or otherwise applied for his benefit, as the Judge . the Court of Wards, as the case may be, may irect. CHAPTER XI. OF THE PRopuce anp InTEREsT or Lecacis 349. The legatee of a Specific legacy is entitled tothe clear produce there- Legateo’s title to at a : ret re produce had any, _ the tes. rT . Exceplion—A specific be i quest, cont I its terms, does not comprise the feodues of tia legacy between the death of the testator and th vesting of the legacy, ie t forms part of the residue of the testator’s estute dltustrations. ‘) A bequeaths his flock of sheep to B. Betweo on and delivery by his’ executor the sheep ato ote death some of the ewes produce lambs. The woo] and lambs Fi ™ or property of B. Te the ii) A bequeaths his Government securitios to Se the belresey of them tillthe death of ¢ Trout ieee which falls due between the death of A ond the death a belongs to B, and must, unless ho is o minor, be Paid tof as it is received. mn iti) Tho testator bequeaths all his four per cent, ne promissory notes to A when he shall complete tnaovern. 18. A, if ho completes that age, is entitled to Teceive the notes, but the interest which acgrucs in respect of the? between tho testator’s death and .A’s completing 18 ion part of tho residue, ™ form 350..The legatee under


interest which acgrucs in respect of the? between tho testator’s death and .A’s completing 18 ion part of tho residue, ™ form 350..The legatee under a general residunry ; ; bequest is entitled to the Residuary —_legateo’s produce of the resid title to produce of re- saints ia fund from the testator’; death. Exception.—A general residuary bequest con. tingent in its terms does not comprise the income which may accrue upon the fund bequeathed between the death of the testator and the Vesting of the legacy, Such income goes as undisposed of, ‘ Illustrations, (t) The testator bequeaths the residue of his property to 4, a minor, to be paid to him when he shall complete the age of 18, The income from the testator’s death belongs to A, (ii) The testator bequeaths the residue of his property to A when he shall complete tho age of 18. A, if he completes that age, is entitled to receive the residue. The incomo which has accrued in respect of it since tho testator's death Goes as undisposed of, 351, Where no time has been fixed for the Interest when no Payment ofa general legacy, time fixed for payment interest begins to run from of general legacy. expiration of one year from the testator’s death. Lzeeption —(1) Where the legacy is bequeath: cd in satisfaction of a debt, interest runs from the death of the testator. (2) Where the testator was a parent or a more remote ancestor of the legatee, or


debt, interest runs from the death of the testator. (2) Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee, the legacy shall bear interest from the death of thé testator. (3) Where a sum is bequeathed to a minor with a direction to pay for his maintenance out of it, taterest is payable from the death of the testator. 352. Where o time has been fixed for the pay- ment of a general legacy, aon when time interest begins torun from _ the time so fixed. The in- terest up to such time forms part of the residue of the testator’s estate, Exception —Where the testator was a parent or & more remote ancestor of the legatee, or hss put himself in the place of a parent of the legatee and the legatee is a minor, the legacy shall beat interest from the death of the testator, unless 4 specific sum is given by the will for maintenance or untess the will contains a direction to the contrary. 358. The rate of interest shall be four per cent per annum in all cases * ; cept when the testator W4 a Hindu, Muhammadan, Buddhist, Sikh or Jains or an exempted person, in which case it shall be ai per cent. per annum. Rate of interest, THE GAZETTE OF INDIA, OCTOBER 10, 1995. 119 pot) = No interest is payable on the arrears


ai per cent. per annum. Rate of interest, THE GAZETTE OF INDIA, OCTOBER 10, 1995. 119 pot) = No interest is payable on the arrears of 364: an annuity within the first = - year from the death of the testator, although a period eatlier than the expiration may have been fixed by the will for ity W 1 af ‘ eth. ( aoe Ne first payment of the annuity. oO a sum of money is directed to be 355, Where invested to produce an an- terest on sum tO be nuity, interest is payable on Ip vacested t© produco = it from the death of the spall testator. CHAPTER XII. Or rae REFUNDING or Lecactizs. 356. When an executor or administrator has paid a legacy under the order of a Court, he is ! entitled to call upor the fecatee to refund in the event of the assets prov- ing insufficient to pay all the legacies, 357. When an executor or administrator has volantarily paid a legacy, he cannot call upon a legatee to refund in the event of the asets proving insufficient to pay all the legacies. 358. When the time prescribed by the will ' for the performance of a condition has elapsed, with- out the condition having been performed, snd the executor or administrator ; has thereupon, without fraud, distributed the assets ; in such case, if further tme has been allowed under section 137 for the Peformance of the condition, and the condition bas been


assets ; in such case, if further tme has been allowed under section 137 for the Peformance of the condition, and the condition bas been performed accordingly, the legacy ‘aunot be claimed from the executor or adminis- Nator, but those to whom he has paid it are liable to refund the amount, ; ee fund of legacy pat es Court’s orders. Xo refund if paid roluntarily., l Refund whe legacy has Lecome duo on per- formanea of condition vithin further time al- loved undersection 137, ane. When the executor or administrator has en each legatee Paid away the assets in inp, © tefund legacies, and he is after- 4 debt of wht wards obliged to discharge aatitled te he had no previous notice, he is Proportion. call upon each legatee to refund in 3 80. Where an executor or administrator has Distribution of given such notices as the Sener] ool assets. High Court may, by any en m we Prescribe or, if no such rule has nice, 28 the High Court would give in an tion-suit, for creditors and others to ‘end . of the to him their c'aims against the estate tion of yp “2Sed, he shall, at the expira- tims jo. u2e therein named for sending in ay | © at liberty to distribute the assets, or “i ane thereof, in discharge of such lawful te nist, knows of, and stall not be liable for “im he cha distributed to any person of whose “Uch distribue not have


such lawful te nist, knows of, and stall not be liable for “im he cha distributed to any person of whose “Uch distribue not have had notice at the time of * Ution * “under ecction 381, cannot Provided that nothing herein contained shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, in the hands of the persons who may have received the same respectively, 361. A creditor who has not received pay- ment of his debt may call upon a legatee who has , received payment of his legacy to refund, whether the assets of the tes- tator’s estate were or were not sufficient at the time of his death to pay both debts and legacies ; and whether the payment of the legacy by the executor or administrator was voluntary or not. Creditor May call upon legates to refund. « » 362. If the assets were sufficient to satisfy all the legacies at the time of the testator’s death, a lega- tee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient: by the wasting of the executor. « 363. If the assets were not sufficient to satisfy all the legacies-at the time of the testator’s death, a legatce who has not receiv-


« 363. If the assets were not sufficient to satisfy all the legacies-at the time of the testator’s death, a legatce who has not receiv- ed payment of his legacy must, before he can call ona satisfied legatee to refund, first proceed against the executor or admin- istrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied leghteo to refund in proportion. _ 364. The refunding of one legatee to another Limit to refunding of shall not exceed the sum ono logateo to another. by which the satisfied legacy ought to have been reduced if the estate had been properly administered. When legatee, not satis- fied or compelled to refund oblige ono paid in full to refund. When unsatisfied legatco must first proceed against executor, if solvent, Illustration. thod 240 rupocs to B, 480 rupoes to C, and 720 rupoesto De The assets aro only 1,200 rupees and, if properly administered, would givo 200 rupees to B, 400 rupees to C, and G00 rupees to D. Cand D havo been paid their legacies in full, leaving nothing to B. Bean obligo C to refund 80 rupees, and D to refund 120 rupees. 365. The refunding shall in all cases be withou$ Refunding to bo without terest. interest. 366. The surplus or residue of the deceased’s property, after payment Residuo after usual pay- of debts and legacies, shall ment Ki paid to resi: be paid to


or residue of the deceased’s property, after payment Residuo after usual pay- of debts and legacies, shall ment Ki paid to resi: be paid to the residuary cay eee legatee when any has been appointed by the will. 367. Where a person not having his domicile in British India has died leaving assets both in British India i aed or British 'ndia and in the administrator in foun tryin which he had icilo for distribution. COUDTrY In Winch he —_ his domicile at the time of his death, and there hasbeen a grant of probate or IVa2 Transfer of xesoty from 120 THE GAZETTE OF INDIA, OCTOBER 10, 1925. - kb -_—-— Se ( Parr jy 2 ee letters of administration in British dnl eg respect to the assets there and a grant ae ministration in the country of domicile wi ) es pect to the asscts in that country, the ari i, administrator, as the case may be, in British fn in after having given such notices as are mee in section 360, and after having discharged, at t ne expiration of the time therein named, such alae claims as he knows of, may, instead of himsel distributing any surplus or residue of the deceased’ 8 property to persons residing out of British India who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons. CHAPTER


executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons. CHAPTER XIII. OF THE LiaBILITY OF AN EXECUTOR OR ADMINIS- TRATOR FOR DEVASTATION. 368. When an executor or administrator mis- Liability of oxecutor or &pPplies the estate of the administrator for devasta. deceased, or subjects it to tion. loss or damage, he is liable _ to make good the loss or damage s0 occasioned. Illustrations. (i) The executor pays out of the estate an unfounded claim. Ho is liable to make good the loss. . (fi) The deceased had a valuablo leage Tenowable by notice which the executor neglects to give at the Proper time. Tho executor is liable to mako good the loss, (iff) The deceased had n lease of Jess value than the ront yable for it, but terminablo on notice at a particular time, he exceutor neglects to give thenotice. Ho is liablo to make good the Joss, 869, When an executor or administrator occa- Liability of oxceutor or sions a Joss to the estate administrator for neglect Y neglecting to get in any eoreet. im ny part of part of the Property of the proporty. deceased, he js li 1 make good the amount. ome IQustrations, deceased from a solvent person, or com ds wi who is able to pay in full. The exocutor a liable ms per (ii) Thu executor Roglecta to suo f i able to plead that the claim


able to pay in full. The exocutor a liable ms per (ii) Thu executor Roglecta to suo f i able to plead that the claim is barred by Heimat, abt the debt is th - make good (eon the estate. The executoris liable to ———___, PART x. Succession CERTIFICATES, 370. (7) A Succession certificate (hereinafter Restriction In this Part referred to ag ! on i certificates under this Pant . ee) shall me or be matted under this Part P he Vit resnect to an or Fecurity to which a right is required by Me 212 or section 213 to b . administration or probate = raised by letters of Provided that nothing contained in this Beet; shall be deemed to prevent the grant of a contig es to any person claiming to be entitled to the offe of a deceased Indian Christian, or to any cts thereof, with respect to any debt or security. y reason that a right thereto can be establish: f letters of administration under this Act. v ' (2) For the purposes of this Part, « security » means— (a) any promissory note, debenture, stock op other security of the Government af India or of a Local Government ; (6) any hond, debenture, or annuity charged by Act of Parliament on the revenues of India ; (c) any stock or debenture of, or share a company or other incorporated insti. tution ; (d) any debenture or other Security for money issued by, or on behalf


debenture of, or share a company or other incorporated insti. tution ; (d) any debenture or other Security for money issued by, or on behalf of, a local: autho- rity ; . (e) any other security which the Governor General in Council may, by notification in the Gazette of India, declare to he a security for the purposes of this Part, 371. The District Judge within whose jurisdic tion the deceased ordi- _ Court having jurisdic. narily resided at the time ' tion to grant certificate, Of ls-den th, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the " property of the deceased may be found, may grant & certificate under this Part. 372. (7) Application for such a certificate shall Application for certifi be made to the District cato. Judge by a petition signed and verified by or on behalf of the applicant inthe — manner prescribed by the Code of Civil Procedure, rd 1908, for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely :— (a) the time of the death of the deceased ; (6) the ordinary residence of the deceased at the time of his death and, if such resi- | dence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the


local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the family or other near relatives of the deceased and their respective residences; (2) the right in which the petitioner claims; (e) the absence of any impediment under sec tion 370 or under any other provision this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted ; and (f) the debts and securities in respect of which the certificate js applied for. (2) If the petition contains any averment which tho person verifying it knows or believes to b® - false, or does not believe to be true, that pets?” shall be deemed to have committed an offence under section 198 of the Indian Penal Code. } | it My fs THE GAZETTE OF INDIA, OCTOBER 10, 1925, 121 oot ——— , a nae District Judge is satisfied that g13. tica- there is ground for entertain- posrau0 OP apP ing the application, he shall U2 | sop the heating thereof and cause notice 8 iy ation and of the day fixed for the the ad to be served on any person to whom, in’ (a) the opinion of the Judge, special notice of the application should be given, and be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by


posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, god upon theday fixed, or as soon thereafter as may be practicable, shall proceed to decide in a qumary manner the right to the certificate. (b) to (2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make wn order for the grant of the certificate to him. (3) If the Judge cannot decide the right to the certificate without determining questions of hw or fact which seem to him: to be too intricate aul difficult for determination in a summary pro- ceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person hav- ing prima facie the best title thereto. () When there are more applicants than one lor certificate, and it appears to the J udge that tore than one of such applicants are interested in the estate of the deceased, the Judge may, in dei ¥@ regard to the extent of interest and the ites in other respects of the applicants, 874. When the District Judge grants a certi- Contents of corti ficate, he shall therein specify lerth ° sereeates the debts and securities set thereby the application for the certificate, and may Y empower the person to whom the certi- tate is granted — (0) to receive interest or dividends. on,


application for the certificate, and may Y empower the person to whom the certi- tate is granted — (0) to receive interest or dividends. on, or () to negotiate or transfer, or () both to receive interest or dividends & °n, and to negotiate or transfer, * Secutities or any of them. 875, , ; (2) The District Judge shall in any case afin of secu, L2 Which he proposes ‘to eg gTantee ee proceed under sub-section (3) ; or sub-section (£) of section 8, reg yi; 373, and may, in any other Rota 858 condition precedent to the grant- | Beg 7 cate, that the personto whom he pro- to 2 wend wi ake the grant shall give to the Judge > SUhcie or ‘More surety or sureties, or “debts a qe Security, for rendering an account Neon itd securities received by him and for hile or ia Pez-ons who may be entitled to the | ¥ part of those debts and securities. ding to whom the certificate is to be granted, — (2) The Judge may, on a licati petition and on ae slows 5 his. eatisheasiee and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue, thereon - in his own name as if it had been originall given to him instead of to the


shall thereupon be entitled to sue, thereon - in his own name as if it had been originall given to him instead of to the Judge of the Uourt, and to recover, as trustee for all persons interested, such amount as may be recoverable there- under. 376. (1) A District Judge may, on the applica- tion of the holder of a certifi- P erie of certi- cate under this Part, extend a the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as ‘if the debt or security to which the certificate 1s extended had been originally specified there- in. (2) Upon the extension of a certificate, powers with respect to the receiving of interest or divi- dends on, or the negotiation or transfer of, any security to which the certificate has been extend- ed may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate. 377. Certificates shall be granted and exten- . sions of certificates shall be Forms of certificate made, as nearly as circum- a extended certifi: stances admit, in the forms set forth in Schedule VII, 378. Wherea District Judge has not con- ferred on the holder of a P eee sent of hae certificate any power with cate in respect =O respect to a security specified powers as to securities. tn rhe


a P eee sent of hae certificate any power with cate in respect =O respect to a security specified powers as to securities. tn rhe sertiteat, i has only empowered him to receive interest or divi- dends on, or to negotiate or transfer, the security, the Judge may, on application made by petition and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers. 379. (1) Every application for a certificate or for the extension of a certi- Modo of collecting ficate shall be accompanied Court-fees on certifi: by 9 deposit of a sum equal cates. to the fee payable under the Court-fees Act, 1870, in respect of the certificate or extension applied for. (2) If the application is allowed, the sum de- posited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid. (3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it. 380. A certificate under this Part shall have : feutz effect throhghout the whole sen eet erent Of British India. VII of 1870. 122 THE GAZETTE OF INDIA, OCTOBER 10, 1926. j ovisions of this Part, the oe —— P ertificate of the District Bilect of certifieate. Judge shall, with respect to the debts and securities


j ovisions of this Part, the oe —— P ertificate of the District Bilect of certifieate. Judge shall, with respect to the debts and securities specified lt pe conclusive as against the persons owing suc ; oe or liable on such securities, and shall, no et standing any contravention of section 370, or other defect, afford full indemnity to all such persons as lings had, in regards all payments made, or dealings had, ea faith in respect of such debts or securities to or with the person to whom the certificate was granted. 382. Where a certificate in the form, as nearly siento US citcumstances admit, rant fc ssteeded dy of Schedule VIII has been British ropresentative in ‘granted toa resident with- Fonign State: in a Foreign State by the British representative accredited to the State, or where ¢ certificate so granted has been extended in such form by such representative, the certificate shall, when stamped in accordance with the provi- Vil of 1870. sions of the Court-fees Act, 1870, with respect to V of 190s, certificates under this Part, have the same effect in British India as a certificate granted or extended under this Part, 383. A certificate granted under this Part may Revocation of certifi. be revoked for any of cate: the following causes, namely ;— (a) that the proceedings to obtain the certi- ficate were defective in substance ; (6) that the certificate was obtained fraudu- Jently by the making of a false suggestion, or by the


certi- ficate were defective in substance ; (6) that the certificate was obtained fraudu- Jently by the making of a false suggestion, or by the concealment from the Court of something material to the case ; (c) that the certificate was obtained by means of an untrue allegation of a fact essential In point of Jaw to justify the grant there- of, though such allegation was made in ignorance or inadvertently ; (d) that the certificate has become useless and moperative through circumstances ; (e) that a decree or order made by a com- petent Court in a suit or other proceeding with Tespect to effects comprising debts Or securities specified in the certificate tenders it proper that the certifi should be aeeied. _—o 384. (1) Subject to the other provisions of this Part, an appeal sh Il Donal , 40 appeal sha me ._., ~ lie to the High Cont om an order of a District Judge granting, refusing or Tevoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declar th : oats toni € the person to whom the certifi- (2) An appeal under sub-sectio ppe ; n (J preferred within the time allowed fo re ca under the Coda of Civil Procedure, 1908. al ision by the High Court and as 4,,,. jadgment “of the Code of Civil Procedure, 172! as applied by section 141 of that Code, an on of a District Judge under


as 4,,,. jadgment “of the Code of Civil Procedure, 172! as applied by section 141 of that Code, an on of a District Judge under this Pay chal ie final. Q 385. Save as provided by this Act, a certs ' granted thereunder Tttate Eflect_on certificate Pect of any of the offer, af of previous certificate, a deceased Person shal} be probato or lettors of invalid if there has administration. : previous grant of such certificate or of Probate o letters of administration in respect of the estate of the deceased person and if such previous. grant js in force. 386. Where a certificate under this Part has ; been superzeded or is invalid Validation of certain by reason of the certificat payments made in good having been revoked under faith to holder of in- section 383, or by reason of valid certificate. ; tia, ; the grant of a certificate to a person named in an pellate order under section 384, or by reason of 5 certificate having been previously granted or for any other cause, all payments made, or dealings had, as regards debts and securitig specified in the superseded or invalid certificate, to or with the holder of that certificate in ignorance of its supersession or invalidity, shall be held good against claims under any other certificate. 387. No decision Effect of decisions under this Act, and lin. bility of holdor of certj. ficate thereunder, under this Part upon any question of right between any parties shall


decisions under this Act, and lin. bility of holdor of certj. ficate thereunder, under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, t0 account therefor to the person lawfully entitled thereto. 388. (1) The Local Government may, by te Investituro of inferjor fication in the local par ue Mey dpesadiction Gazette, Invest any me Co) ist rj rtf i IOV] istic purposes of this. re °F inferior in gr acone i the functions of a District Judge under this P a. (2) Any inferior Court so invested shall, witha the local limits of its jurisdiction, have cont" ent jurisdiction with the District Judge in the exercise of all the powers conferred by this Pot upon the District Judge, and the provisions this Part relating to the District J. udge shall ap Py to such an inferior Court as if it were a Distt Judge : Provided that an appeal from any such ae of an inferior Court as is mentioned in sub-secl™ (1) of section 384 shall lie to the District Judge and uot to the High Court, and that the Dist" Judge may if he thinks fit, by


section 384 shall lie to the District Judge and uot to the High Court, and that the Dist" Judge may if he thinks fit, by his order 02 o appeal, make any such declaration and directi as that sub-section authorises the High make by its order on an order § District Judge. Sebastes Judge with power to exerch? f NV og fro” ie | pst IV] , PHE GAZETTE OF INDIA, OCTOBER 10, 1925, ° District Judge on an appeal () An order Ot inferior Court under the last an a ction shall, subject to the pro- forego a eference to and revision by the High id id as to review of judgment of the Code ps f er procedure, 1908, as applied by section 141 it Code, be final. istrict Judge may withdraw any uy The aise this Part Sor an iferiae Court pte er himself dispose of them or trang- and OY 7 another such Court established within fer niet limits of the jurisdiction of the District : a d having authority to dispose of the nage ° preeedings . A notification under sub-section (7) may a any inferior Court specially or any class och Courts in any local area, ivil Court which for any of the pur- ¢) Geyenaceaent is subordinate to, or sub- jet to the control of, a District Judge shall for m purposes of this section be deemed to be a (out inferior in grade to a District Judge. 389. (1) When a certificate


shall for m purposes of this section be deemed to be a (out inferior in grade to a District Judge. 389. (1) When a certificate under this Part has been superseded or is j Surender of superseded invalid from any of the cealminmaiaen causes mentioned in sec- tion 386, the holder thereof shall, on the requisi- tion of the Court which granted it, deliver it up to that Court, @) If he wilfully and without reasonable cause zits so to deliver it up, he shall be punishable with fine which may extend to one thousand npés, o¢ with imprisonment for a term which “iy extend to three months, or with both. Se ——S ES 390, Notwithstanding any thing in Bombay Re- Provisions with respect gulation No. VII of 1827, to cortificates under Bom- the provisions of i0 a Regulation VIII of 7 Section 370, sub-section (2), section 372, sub-section (2), clause (f), and sections 374, 375, 376 S77, 378, 379, 381, 383, 384, 387, 388 and 389 with respect to certificates under’ this Part and - -] 3 80 lar as they can b j respectively, to certificates granted under that Regulation, “and applications made for certificates thereunder, after the Ist day of May, 1889, and to the exhibition of inventories and accounts by the holders of such certificates so granted. PART XI. MIScELLANEOUS, ; 391, Nothing in Part VIII, Part Ix or Part Saving, X shall — (t) validate any testamentary disposition which would otherwise have been in-. valid


391, Nothing in Part VIII, Part Ix or Part Saving, X shall — (t) validate any testamentary disposition which would otherwise have been in-. valid ; (tt) invalidate any such disposition which would otherwise have been valid ; (itv) deprive any person of any right of main- tenance to which he would otherwise have been entitled ; or (iv) affect the Administrator General’s Act, 1913. 392. The enactments mentioned in Schedule IX are hereby repealed to the Repcals, extent specified in the third column thereof, , THE GAZETTE OF INDIA, OCTOBER 10, 1925, [ Pan, ' 124 SCHEDULE I. (See section 28.) Table OF CONSANGUINITY. se Great Grandfather's , Father. Great Great Grandfather. Great | Grandfather. Great Uncle. e _ ny Father. Unele, Great Uncle's 80D. Tre Person wHose Re. LATI oe Brother. Cousin- rotates RECKONED, german, Cousin. NAS ———— Son. 5 on of tho Nephew. Cousin. a german. 1 | OAS = — Grandson Son of the Nephew Grandson | - Grandson, german. | a ee | my | Great | Grandson, F Lie 1925, 125 THE GAZETTE OF INDIA, OCTOBER 10; 1V] pst an PART I. (See section 55.) sisters, and the children or () pothess a0 such of them as shall have D peal rd the intestate. ete f grandfather and grandmother. 7s sons and daughters, and Tapes of such of them as have » ine aceased the intestate. ‘) Great-grandfather and great-grandmother, ; ndfather’s sons and daughters 0 otal descendants of such of them as have


as have » ine aceased the intestate. ‘) Great-grandfather and great-grandmother, ; ndfather’s sons and daughters 0 otal descendants of such of them as have prdeceased the intestate. PART IL. (See section 56.) ( (1) Father and mother. ints of such of them as have predeceased the otestate. (3) Paternal grandfather and paternal grand- nother, (1) Children of the paternal grandfather, and lineal descendants of such of them as have frdeceased the intestate. ()) Paternal grandfather's father and mother. ()) Paternal grandfather’s father’s children icd the lineal descendants of such ‘of them as have fedeceased the intestate. ay Brothers and sisters by the mother’s side ‘the lineal descendants of such of them as have “deceased the intestate. “egy literal gtandfather and maternal grand- a lden of the maternal grandfather, and bed fal descendants of such of them as have *ttased the intestate, l 7 cums Widow, if she has not re-married at 1 tthe death of the intestate. l a tor | Brother 8 widow, if she has not re-married re the death of the intestate. (2 hy | Paternal grandfather's son’s widow, if she “i Lot ro. tate married at or before the death of the das ihe grandfather's son’s widow, if "t married at or before the death of dv dowers og intestate’s deceased cine. have not re-married at or before the Intestate. ¢) Brothers and sisters and the lineal descend- = (15) Maternal gtandfather’s father and mother. (16) Children of the maternal ' grandfather's father, and the


¢) Brothers and sisters and the lineal descend- = (15) Maternal gtandfather’s father and mother. (16) Children of the maternal ' grandfather's father, and the lineal descendants of such of them as have predeceased the intestate. (17) Paternal grandmother's father and mother. (18) Children of the paternal grandmother's father, and the lineal descendants of such of them &B luve predeceased the intestate, SCHEDULE III. (See section 57.) Provisions or Part VI APPLICABLE TO CERTAIN WILLS AND Copiciis DESCRIBED IN SECTION 57. Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 116, 116, 119, 126, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189 and 190. Restrictions and modifications in application of , foregoing sections. 1. Nothing therein contained shall authorise a testator to bequeath property which he could not have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not


alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not deprive them by will. 2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property any interest which he could not have oreated before the first day of September, 1870. 3. Nothing therein contained shall affect any law of adoption or intestate succession. 4. In applying section 70 the words “than by marriage or” shall be omitted. 5. {n applying any of the following sections, namely, sections seventy-five, ° seventy-six, one hundred and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and four- teen, one hundred and fifteen, and one hundred and sixteen to such wills and codicils the words “ son,” * sons,” “child,” and “ children’ shall be deemed to include an adopted child ; and the word « srand-children ” shall be deemed to include the children, whether adopted or natural-born, of a child whether adopted or natural-Lorn ; and the expression “ daughter-in-Jaw "shull be deemed to include the wife of an adopted son. Iva THE GAZETTE 0 5 INDIA, OCTOBER 10,1925. (Pang me re ee se ee = - SCHEDULE IV. [See section 27L (2).] Fors oF CERTIFICATE. f the J, A. B., Registrar (or as the case may be) 0 . . a t High Court of Judicature a “ty that on the


the J, A. B., Registrar (or as the case may be) 0 . . a t High Court of Judicature a “ty that on the ae haar = , the a or Court of Judicature at f the will ted probate of the as the ase may Oe) ation re the estate) of Or ate ot administss , deceased, t EE. of and G. H. of ; have) d that such probate (or letters) has (or affect at all tthe property of the deceased throughout the whole of British India. SCHEDULE V. [Sce section 284 (4).] ForM OF CAVEAT. | Let nothing be done in the matter of the estate of A. B., late of , decensed, who died on the day of at , without notice to C. D. of SCHEDULE VI. (See seclion 289.) Form oF PROBATE. I , Judge of the District of [or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate’s jurisdiction) ], hereby make known that on the day of in the year , the last will of , late of , & copy whereof is hereunto annexed, was proved and registered before me, and that administration of the property and credits of the said deceased, and in any way concerning his will was granted to. ° , the executor in the said will named, he having undertaken to administer the same, and to make a full and true inventory of the said property and credits


the said will named, he having undertaken to administer the same, and to make a full and true inventory of the said property and credits and exhibit the same in this Court within six months from the date of this grant or within such further time as the Court may, from time to time, appoint, and also to render to this Court a true account of the said property and credits within one year from the same date, or within such further time as the Court may, froin time to time, appoint. SCHEDULE VII. (See section 290.) Form or Letrers oF ADMINISTRATION. I, , Judge of the District of [or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate’s jurisdic- tion)], hereby make known that on the day of __ letters of administration (with or with- out th: will annexed.as the case may be), of the Property and credits of late of d » deceased, were pranted to the father (or may be : asthe case of the deceased, he having undertaken i tiie ter the rame and to make a full and true inventory of the said property and credits and exhi . . ‘ . bit e in this Court within six months the date of this grant or within such fur th as the Court may, from time to time are tite and also to render to this Court a true neeott the said property and credits Within on,


Court may, from time to time are tite and also to render to this Court a true neeott the said property and credits Within on, tor from the same date, or within such furth,, i as the Court may, from time to time, Appoint SCHEDULE VIII. (See section 377.) | CATE AND TixTr Forms OF CERTIFI a NDED Cramp, In the Court of To A. B. Whereas you applied on the day of for s certificate under Part X of the Indy Succession Act, 1925, in respect of the followig debts and securities, namely :— Debts. Amount of debt, | Doscriptig including date He a Serial Name of interest, on ‘ment, if a number. | dobtor. dato of appli- by which th, cation for debtis | certificate. secured, Securitics. _ DESscRIPTION, Distin- Markot-valse ¢ Serial} guishing | Name, Amount | socunty ae num-! numbor | title or or par of applics ‘ ber. | orletter | class of value of | for certife: of security. | security. security. | ve This certificate is accordingly granted we and empowers you to collect those celr ne [to receive] ‘[interest] [dividends] [on] I trate) [10 transfer} [those securities]. Dated this day of pistriat 10 7 ; | THE GAZETTE OF INDIA, OCTOBER 10, 1995. 127 Im to a pat VJ In the Court of lication of A. B. made to me on the Op the oF P , I hereby extend this certi- a the following debts and securities, feate ane Debts. —T


made to me on the Op the oF P , I hereby extend this certi- a the following debts and securities, feate ane Debts. —T Amount of dobt, | Doscription and including date of instru- -of interest, on ment, if any, Serial | Namo ° dato of appli- by which the garaber- debtor cation for dobt is extension, secured, | —_— | | i Securities. DescRIPTION. Distin- Markot-value of Serial! guishing | Namo, | Amount | security on date tum} number | titloor | or par of application bet. i orlettor | classof | valuoof | for extension, ae security. | security. security. | ! ! — \ t Dateg this day of sin *xtension empowers A. B. to collect those [to receive] [interest] [dividends] €gotiate] [to transfer] [those securitics]. District Judge. SCHEDULE Ix. (See section 392.) ENAcTMENTS REPEALED, XXXVOI_ of 19120. The Devolution Act, 1920. L ’ Number You, Short title. Extent of repeal, XIX of 1841 - aii Succession | So much as has not als roporty Pro-| ready beon tection) Act, q soponleids 1841. ; Xof1865 + | The Indian ord So much os bas not al. cegsion ct, | Teady be 1865, y been repealed. XXI of 1865 - | Tho Parsi Intes. Tho whole Act, , tute Succession act, 1865, XXI of 1870 - | Tho Hindu Wills | So much as has not al- Act, 1870. ready been repealed. ITT of 1874 The Married | The last paragraph of Woman's Pro. | section 2,


much as has not al- Act, 1870. ready been repealed. ITT of 1874 The Married | The last paragraph of Woman's Pro. | section 2, perty Act, 1874. Vof1881 + |The Probateand | So much og has not al- Administration | ready beon repealed. Act, 1881. ? VI of 1881 + | The District De. ; The whole Act. legates Act, 1881. VI of 1889 The Probate and! So much og has not al- Administration | ready been repealed. Act, 1889. VIL of 1889 -| The Succession| So niuch os is unre- Certificate Act, ; pealed, except sec- 1889. tion 13. Tlof 1890 + |The Probate and | So much as has not al- Administration | ready been repealed, Act, 1890. VIL of 1901 - | The Native Chris-| So much os has not al- tian Adminis-| ready been repealed. tratian of Es- tates Act, 1901. VIII of 1903 The Probate and | So much as has not al- Administration |} ready been repealed. Act, 1903. c The Repealin So much of Schedule a and Meccnilibe I as refers to Act X Act, 1019. of 1805 or toAct V of 1881. So much of Schedule 1] asrefers to Act X of 18650r to Act V of 1881. Sccy. to L. GRAHAM, the Govt. of India.


1:55e Avc4434.c. REGISTERED No. M 3°2 L.-764 6 1,-f? EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, FRIDAY, FEBRUARY 14,2020 PART I Acts, Ordinances, President's Orders and Regulations SENATE SECRETARIAT Islamabad, the 13th February, 2020 No. F. 9(9)2020-Legis.-The following Act of Majlis -e-Shoora (Parliament) received the assent of the President on 1 lth February, 2020 and is hereby published for general information:- ACT No. VI OF 2020 An Act to provide for an efficacious and speedy mechanism for issuance of Letters ofAdministration and Succession Certificates. WHEREAS it is expedient to provide for an efficacidus and speedy mechanism for facilitating issua nce of Letters of Administration.and succession certificates, aimed at curtailing fraud and forgery; It is hereby enacted as follows:- 1. Short title, extent and commencem ent.-This Act may be called the Letters of Administration and Succession Certificates Act, 2020. (57) Price : Rs. 10.00 5163 (2020)/Lx. Ciaz•I 58 THE GAZETTE OF PAKISTAN, EXTRA., FEBRUARY 14. 2020 [PART 1 (2) It shall extend to the whole of Islamabad C apital Territory. (3) This Act or any part thereof shall come int o force on su ch dates as the Government may, by notification in the official Gazette, appoint. 2. Definitions.-In this Act, unless there is anything repugnant in the subject or context, - (a) "Authority" m eans the National Database and Registration Authority established under section 3 of the Ordinance; (b) "factual controversy" includes an objection by legal heirs or by any claimant of legal heirship, any dispute which may arise in establishing the

The Letters of Administration and Succession Certificates Act 2020


Ordinance; (b) "factual controversy" includes an objection by legal heirs or by any claimant of legal heirship, any dispute which may arise in establishing the identity of legal heirs which is not resolvable by the Authority or any situation, matter or event requiring adjudication or recording of evidence or wher e at least one of the legal heirs is a minor; (c) "Government" means the.Federal Government; (d) "legal heir" means a person who has entitlement to a share in the property of the deceased; (e) "Ordinance" means National Database and Registration Authority Ordinance, 2000 (VIII of 2000); (f) "prescribed" means prescribed by rules; and (g) "rules" means the rules made under this Act. 3. Issuance of Let ters of Administration or Succession certilicates.-Notwithstanding anything contained in any other law for the time being in force, the Authority may issue Letters' of Administration or Succession Certificates, as the case may be, to the legal heirs of a deceased in respect of immovable .or movable property, in accordance with the Family Registration Certificate maintained by the Authority. 4. Establishment of Succession Facilitation Unit. -(1) The Authority shall establish a Succession Facilitation Unit for the purpose of receipt, processing and assessment. of applications for grant of Letters of Administration and Succession Certificates. (2) For the purpose of sub -section ( I ), the Authority may notify and of its existing offices as Succession Facilitation Unit, at such place or places as it may deem appropriate. t* Irv:" j Loco t)A.eti u-Ayf eto" 64.


its existing offices as Succession Facilitation Unit, at such place or places as it may deem appropriate. t* Irv:" j Loco t)A.eti u-Ayf eto" 64. 01; etott ccCowtiv. Qk -1,5I eidri ce4" we.), 1,/.7 lAae) OAA:4ticuuica__ .t4€- 12- PART 1] THE GAZETTE OF PAKISTAN, EXTRA., FEBRUARY 14, 2020 59 (3) The Authority may, from time to time, appoint officers, staff, experts, consultants, advisers and other employees, on such terms and conditions as it may deem fit, for the purpose of carrying functions under this Act. 5. Functions of the Succession Facilitation Succession Facilitation Unit shall perform the following functions, namely:---- (a) receive applications for grant of Letters of Administration and Succession Certificates, as the case may be, from legal heirs of the deceased; (b) process and assess the applications by way of a summary enquiry as prescribed, and in case of any factual controversy amongst the legal heirs decline to assess the applications for filing afresh before the appropriate forum in accordance with the provisions of the Succession Act, 1925 (XXXIX of 1925) or any other applicable law; (c) maintain an online portal providing for updated record of the Letters of Administration and Succession Certificates issued under this Act; and (d) discharge or perform such functions as are incidental, ancillary or necessary for carrying out the purposes of this Act. 6. Application fOr Letters of Administration or Succession Certificates.-{1) An application for grant of Letter of Administration or Succession Certificate, as the case may be, shall be made to the


Administration or Succession Certificates.-{1) An application for grant of Letter of Administration or Succession Certificate, as the case may be, shall be made to the Authority by the legal heirs: Provided that legal heirs may also authorize in the prescribed form, one amongst themselves, to act on behalf of all other legal heirs, for the purpose of fi ling an application under this Act. (2) An application may be filed in the notified office of the Authority within whose jurisdiction the deceased ordinarily resided at the time of his death, or within whose jurisdiction any property or asset of the deceased is located. (3) The following documents shall be appended along -with the application. - (a) death certificate of the deceased; (b) list of the legal heirs and copies of their national identity cards; (c) an authorization in the prescribed form 1w the lev,a1 heirs in favour of the applicant as provided in proviso to sub -section (1); and 60 THE GAZETTE OF PAKISTAN, EXTRA.. FEBRUARY 14, 2020 [PART I (d) details of immovable and movable property in respect of which the Letter of Administration or Succession Certificate is applied for. (4) Upon receipt of the application, a notice to the general public shall be published on a web portal to be maintained by the Authority and in one English language and one Urdu language daily newspaper of wide circulation. (5) Where no objection or claim is received within fourteen days of the publication of notice, the Authority shall, in


daily newspaper of wide circulation. (5) Where no objection or claim is received within fourteen days of the publication of notice, the Authority shall, in any of its notified office, obtain the bio-metric verification of the applicant and all the legal heirs: Provided that where bio -metrics of a legal heir is not verified, the Authority may require the legal heir to appear in person before the Authority on a date fixed by the Authority: Provided- further that the Authority may resort to any other modern device with a view to satisfying itself as to the identity of any legal heir. Explanation:-The bio-metric verification can be undertaken at any notified office within Pakistan or abroad. (6) Upon satisfactory compliance of the codal formalities mention ed in this section, the applicant shall appear before the Authority on a date fixed by it, whereafter the Authority shall issue the Letter of Administration or Succession Certificate, as the case may be, in favour of all ;legal heirs of deceased. with details of their respective shares as provided in the personal law of such legal heirs. (7) The Letters of Administration or Succession Certificates is sued under this Act shall have the same effect as if the same h ave been issued under the Succession Ac t, 1925 (XXXIX of 1925). 7. Forms of Letters of Administrat ion and Succession Certificates. -Letters of Administration and Succession Certificates shall be issued. as nearly as circumstances admit, in the forms prescribed by the Authority. 8. Objection


Succession Certificates. -Letters of Administration and Succession Certificates shall be issued. as nearly as circumstances admit, in the forms prescribed by the Authority. 8. Objection to the Letters of 'Admini stration and Success ion Certificates.-Any person objecting to Letters of Ad ministration or Successi on Certificates. as the case may be. after the issuance of the Letters of Administration or Succession Certificates by the Authority, may see k remedies available under any other applicable law. 9. Fee and costs.-(1) The Authority may charge the prescribed fees or othet tium5 for its services under this Act including sums incurred on publication of public noticc. PART I] THE GAZETTE OF PAKISTAN, EXTRA., FEBRUARY 14. 2020 61 (2) The charges or sums received under sub -Section (I) shall be credited to the NADRA Fund established und er section 24 of the Ordinance. 10. Bar of jurisdiction. --No court shall exercise jurisdiction till such time the Aut hority declines to process applicat ion for issuance of the Letters of Administration or Succession Certificates by the Legal heirs. 11. Penalty, offences and trial. -The provisioris in relation to offences, penalties and trial mentioned in Chapter IX of the Ordinance shall apply mantis mutandis under this Act. 12. Act to override other laws.-The provisions of this Act shall have effect notwiths tanding anything co ntained in any other law for the time being in force. 13. Power to make rules. -The Government, may, by notification in the official Gazette, make rules to carry out the purposes of this Act. DR. AKHTAR NAZIR, Secretary. I<I,‘ I I I.: RI NH Dip fin. uANMil I< i VIM I yroNivoi R CUIII,ORA ICON VA KIS I AN SS Isl .\\1;11{\l) ANolumis Rsi , I. 1, \R


i REGISTERED NO, S, 1^33 $b£ ©a^tte of Pakistan EXTRAORDINARY PUBLISHED BY AUTHORITY hi*» 4M»—। ■ » Ji' H^I ■ i ■ —— KARACHI, THURSDAY, MARCH 2, 1961 GOVERNMENT OF PAKISTAN MINISTRY OF LAW ORDINANCE No. VIII OF 1961 Rawalpindi, the 2nd March, 1961 ' AN ' ORDINANCE ’ to give effect to certain recommendations of the Commission on Marriage and Family Laws WHEREAS it, is expedient to-give effect to certain recommendations of the Commission on Marriage and Family Laws ; "day of October, 1958, and in exercise of all powers enabling him in that -■'behalf,-the President is pleased to make and 'promulgate the following Ordinance:— 1; Short title, extent, application and commencement—(1) This Ordi nance may be called the Muslim Family Laws Ordinance, 1961. (2) It extends to the whole of Pakistan, and applies to all Muslim • r citizens of Pakistan, wherever they may be. ’ (3) It shall come into force on such date as the Central Govern this behalf. ' 2. Definitions.—In this Ordinance", unless there is anything repugnant in the subject or context,— ' (a) u Arbitration Council ” means a body consisting of the Chair" . man of the Union Council and a representative of each of the parties to a matter dealt with in this Ordinance; ( ¢93 c ) Price :Ps. 19 ' Now THEREFORE, in " pursuance of the ■ Proclamation of the seventh ment may, by notification in the official Gazette, appoint in 693 d,. W OF PAKIS'JAN, EXTRA., MARCH


pursuance of the ■ Proclamation of the seventh ment may, by notification in the official Gazette, appoint in 693 d,. W OF PAKIS'JAN, EXTRA., MARCH . fb) ‘‘Chairman'’ means the.Chairman of the uT^^^U U1SQ h (C) “ prescribed ” means .prescribed by rulesmade under (d) “ Union Council ” means, the Union Council .V601101111; . .(e) Town aanefineQ 3. Ordinance to override other laws, etc.—(d) The provisions f (2) For the removal of ■ doubt, it is' hereby declared that th visions of the Arbitration Act, 1940 (X of 1940), the Code of Civil pro~ cedure, 1908 (Act V of 1908), and any other law regulating the procednr' the propositus Delore the opening of succession, the children of such son or daughter, if any, living at the. ..time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive. t 5. Registration of marriages.—(1) Every marriage solemnized, under Muslim. Law shall be registered in accordance, .with .the provisions of this ■ Ordinance. (2) For the purpose of registration of marriages under, this Ordinance, . the Union Council shall.grant licences, to.-, one or jmore persons, to be called.Nikah Registrars, but in no case shall, more than one Nikah.Regis trar be licensed for any one Ward. rl the person who has solemnized such marriage. (4) Whoever contravenes • the provisions of sub-section (3) shall be • three months', or with fine which may extend to


has solemnized such marriage. (4) Whoever contravenes • the provisions of sub-section (3) shall be • three months', or with fine which may extend to one thousand rupees, or • ■ Nikah Registrars; the records to be preserved by Union. Counci , manner m which marriages shall be registered and' copies of nikah na shall be supplied to .the parties, and the.fees to be .charged therefor, s • be such as may be prescribed. pect at the office of the Union Council the record preserved under section (5), or obtain a copy of any entry therein. person appointed by ..the. Central GovernmentCo^en ' . ^functions of .a Chairman under, this. Ordinance “ Ward ” means a. ward .within a .Union the aioresaid Order. • . (3) Every .marriage not. solemnized by the Nikah Registrar shaU, for the purpose of registration under this Ordinance, be reported to ■ him by -Ordinance shah have ehect notwithstanding any law, custom or °f this and the registration of Muslim marriages shall take place only USage‘ ance with those provisions. accotci, oi courts, shall not apply to any Arbitration Council. (6) Anynerson may, on payment - of the prescribed fee, if Order, 1959 (P. O. No. 18 of 1959), and having inw6?00* Union Committee., constituted under the V16 Tow the area concerned ; * J uri£,dicti0 Mr ' 4. Succession.—In the event of the death of any son or daughter of punishable with simple imprisonment for a term which may extend o • with both.


the event of the death of any son or daughter of punishable with simple imprisonment for a term which may extend o • with both. . :.. . ^onn of nikah nama^ the registers to be maintained by ■ THE GAZETTE OF PAKISTAN, EXTRA.; MARCH 2, 1961 ’ '693 e . .-(1) No man, during ' the subsistence of an existing marriage con^a H be registered under this Z91 An application for permission under sub-section .(1),.shall be subnutte ^d shaii state the reasons for the proposed .marriage, and thereto. On receipt of the application under sub-section (2), the Chair hall ask the applicant and his existing wife or wives each to nomi-. iTiatn a representative, and the Arbitration Council so constituted, may, if t-sfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record it' reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of • the prescribed-fee, orefor an application for revision, in the case of West Pakistan, to the concerned and his decis;on shall be final and shall not be called imques- . Lion in any court. (a^ pay immediately the entire amount of the dower,- whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and • (b)


deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and • (b) on conviction upon complaint -be punishable with.'simple which may extend to five thousand rupees, or with both. soon as may be after the pronouncement of talaq in any form whatso- ' ever, give the Chairman notice in writing of his having done so. and shall supply a copy thereof to the wife. '* (2)- Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to both. (3) Save as provided in sub-section (5), a talaq unless revoked tion of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman. . 4 * * * (4) Within thirtv davs of-the receipt of notice under sub-section (1), the Chairman shall, constitute an Arbitration Council for the purpose, of brmsine about a reconciliation between the parties, and the Arbitration Council shall take all-steps necessary to bring about such reconciliation. (5) Any man who contracts another marriage without, the permis  sion of tie Arbitration Council shall— • Aether the consent of the existing wife or wives: has . been obtained •tt d to the Chairman in the prescribed manner, together with the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer imprisonment which may extend, to one. year, or:with fine 7. Talaq.— (1) Any-man .who wishes to divorce ' his


East Pakistan, to the Sub-Divisional Officer imprisonment which may extend, to one. year, or:with fine 7. Talaq.— (1) Any-man .who wishes to divorce ' his - wife shall, as one year or with fine which may extend to five-thousand rupees or with earlier,, expressly or’otherwise, shall not be' effective until the expira  marri^8’ contract ’ another marriage, nor shall any such 6; 1 ° shall except with the previous permission in writing of the Arbitration d without such permission Ordinance. c 693 J THE GAZETTE OF PAKISTAN, EXTRA., MARCH 2 (5) If the wife be pregnant at the time Uilaq j -^=-^1961 shall not be effective until the period mentioned i DVtalaq effective under wiU1 a third person, unless ^-»0. - • than by talaq.—Where the right ^33 been oi U16 P^aQ5 the provisions of section 1 shall, any otner legal reme y t0 determine the matter, and the Arbitra- - cation for revision of the certA a ■ to the Sub-Divisional Officer coiS^Shis^dec^ion shall be final and shall not be caUed in ques (3) Any amount payable under sub-section (1) or (2), if not paid in -are specified in the nikah nama, or the jnarriage contract, the entire amount of the dower shall be presumed to be payable on demand. 11. Power to make rules.—(1) The Provincial Government may make may extend to two hundrBrim^y extend to one month, or with fine which Gazette, and shalKhereunnn^ ^1°11 shaU be published in the official In the Child Marriage Restraint


two hundrBrim^y extend to one month, or with fine which Gazette, and shalKhereunnn^ ^1°11 shaU be published in the official In the Child Marriage Restraint Act, 1929 (XIX of 1929),— ., . (1) in section 2,— ' ' . .............’ “ ‘ snail be substituted; Jhe WOrd “fourteen” the word “sixteen (b) in clause (c), the word “and” shall be omitted; and 1,1 (2) o? . n debar a Wife whose marriase has beei stitute an ^^^^“^/f^rtiacate specifying the amount which shall be 9. Maintenance.-^; r Jre wives than one, tails to maintain them <ii [f any husband fails to mamtam his wife ade  equitably, the wife, or an oi J • tQ chairman who shall con- of wives> may in addition to seeking tion Coun^ by the husband. quately, or wnere tnere . ■ . .. j the prescribed manner, within the prescribed period, and on paym t (2) A husband or wne may,, cribed fee> prefer an appli- of West Pakistan, to the tion in any court. J • due time, shall be recoverable as arrears of land revenue. 10. Dower.—Where no details about the mode of payment of dower • * ' * rules to carry into effect the purposes of this Ordinance. may provide that a breach of an ri, the ^rovinclal Government simple imprisonment which m=„y °t be punishable with wo nunored rupees, or with both. rules hereupon have effect as if enacted in this Ordinance. r ^2, of CHld Marriage Restraint Act, 1929