The Administrators-General Act, 1963

The Administrators-General Act, 1963 is an Indian law that deals with the appointment and functions of Administrators-General for the administration of estates of deceased persons.

Administrators-generalEstate AdministrationDeceased PersonsIndian Law

Summary

The Administrators-General Act, 1963 is an act that provides for the appointment of Administrators-General for the administration of estates of deceased persons. It defines the qualifications for appointment as an Administrator-General, the powers and duties of the Administrator-General, and the procedure for the appointment of Administrators-General. The Act also provides for the regulation of the fees to be charged by the Administrator-General and the protection of the Administrator-General from legal proceedings. The purpose of the Act is to ensure the proper administration of estates of deceased persons.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Definitions

CHAPTER II
THE OFFICE OF THE ADMINISTRATOR
GENERAL

Section 3 : Appointment of Administrator-General

Section 4 : Appointment and powers of Deputy Administrator-General

Section 5 : Incorporation

CHAPTER III

RIGHTS, POWERS AND DUTIES OF THE ADMINISTRATOR
GENERAL
(a) Grant of letters of administration and probate

Section 6 : Jurisdiction of High Court for the whole State

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

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

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

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

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

Section 12 : Grant of administration to Administrator-General in certain cases

Section 13 : Administrator-General not precluded from applying for letters within one month after death

RIGHTS, POWERS AND DUTIES OF THE ADMINISTRATOR
GENERAL
(b) Revocation of grants

Section 14 : Recall of Administrator-General?s administration and grant of probate, etc, to executor or next-of-kin

Section 15 : Cost of obtaining administration, etc, may, on revocation, be ordered to be paid to Administrator-General out of estate

Section 16 : After revocation letters granted to Administrator-General to be deemed, as to him, to have been voidable only

Section 17 : Payments made by Administrator-General prior to revocation

RIGHTS, POWERS AND DUTIES OF THE ADMINISTRATOR
GENERAL
(c) General

Section 18 : Administrator-General?s petition for grant of letters of administration

Section 19 : Name in which probate or letters to be granted

Section 20 : Effect of probate or letters granted to Administrator-General

Section 21 : Omitted

Section 22 : Transfer by private executor or administrator of interest under probate or letters

Section 23 : Distribution of assets

Section 24 : Appointment of Official Trustee as trustee of assets after completion of administration

Section 25 : Power of High Court to give directions regarding administration of estate

Section 26 : No security to be required from Administrator-General

Section 27 : Manner in which petition to be verified by Administrator-General

Section 28 : Entry of Administrator-General not to constitute notice of a trust

CHAPTER IV
GRANT OF CERTIFICATE

Section 29 : In what cases Administrator-General may grant certificate

Section 30 : Grant of certificate to creditors and power to take charge of certain estates

Section 31 : Administrator-General not bound to grant certificate unless satisfied of claimant?s title, etc

Section 32 : Effect of certificate

Section 33 : Revocation of certificate

Section 34 : Surrender of revoked certificate

Section 35 : Payment to holder of certificate before it is revoked

Section 36 : Administrator-General not bound to take out administration on account of assets for which he has granted certificate

Section 37 : Transfer of certain assets to executor or administrator in country of domicile for distribution

CHAPTER V
LIABILITY

Section 38 : Liability of Government

Section 39 : Creditor?s suit against Administrator-General

Section 40 : Notice of suit not required in certain cases

CHAPTER VI
FEES

Section 41 : Fees

Section 42 : Disposal of fees

CHAPTER VII
AUDIT OF THE ADMINISTRATOR
GENERAL’S ACCOUNTS

Section 43 : Audit

Section 44 : Auditors to examine accounts and report to Government

Section 45 : Power of auditors to summon and examine witnesses, and to call for documents

Section 46 : Costs of audit, etc

CHAPTER VIII
MISCELLANEOUS

Section 47 : General powers of administration

Section 48 : Power to summon and examine witnesses

Section 49 : Power of person beneficially interested to inspect Administrator-General?s account, etc, and take copies

Section 50 : False evidence

Section 51 : Assets unclaimed for twelve years to be transferred to Government

Section 52 : Mode of proceeding by claimant to recover principal money so transferred

Section 53 : Succession Act or Companies Act not to affect Administrator-General

Section 54 : Savings of provisions of Police Acts for presidency-towns

Section 55 : Order of court to be equivalent to decree

Section 56 : Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject

Section 57 : Letters of administration not necessary in respects of small estates administered by Administrator-General in accordance with certain Acts

Section 58 : Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957

Section 59 : Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957

Section 60 : Saving of provisions of Indian Registration Act, 1908

Section 61 : Power of Central Government to make rules

Section 62 : Power of State Government to make rules

Section 63 : Laying of rules made by Central Government before Parliament

Section 64 : Repeal and savings

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