Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697806465399.pdf (India)
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Probate and Bdmilzistration.

* ' 3 7 ACT No.

V I OF 1889.

-- (Received the assent of the Governor General on Me 8lh iiJa~ch, 1889.)

An A c t t o amend the Indian Succession Act, 1865, the Probate and Administration Act, 1881, the Court-fees Act, 1870, and the Indian $tamp Act, 1879, and to make pro- vision with respect to certain other matters.

W H E R E A S it is expedient to amend the Indian Suc- cession Act, 1865; the Probate and Administration K of 1865. f o f l 8 8 l .
Act, 1881, the Court-fees Act, 1870, and the Indian $7i870* Stamp Act, 1879, and to make provision with respect to certain ather matters; It is hereby enacted as fol- lows :- ' 1.

(I) This Act may he called the Probate and Title, extsnt and com- mencement.

A.dministration Act, 1889.

( 2 ) It applies to the whole of British India (in- clusive of Upper Burma except the Shan States) ; and (3) It shall come into force a t once.

of 1865. lelldment Ilzdialz Successiolz Act, 1865.

2.
2.

After the 4th clause of the expialzatiolz to sec- Amendment the Indian Succession Act, 1866, the ;i;;d$X, tion 231 of following shall be added, namely :- 1868.

- - - - a 5th, that the person to whom the grant was made has wilfully and without reasonable cause ornit,ted t c exhibit an inventory or account in accordance with the provisions of Part XXXIV of this Act or has ex- hibited under that Part an inventory or account which is untrue i n a material respect."
3r I n section 244 of the: same Act, for the words " and I I I I --''---.'

----;-------- - :Pvoba fe a118 ,A dm.histf*~~lio.fi, ''[ACT T l: " and that thepetitioner is the executor therein named'" .

I l i ~ following &haU--he, substituted,.

mcmely :- ~ .. .

- .. ~ " the amount of assets ,whicl.-b are likely to -come to the petitioner?^ hands, an8 xecutor named in the rds of section 254 of hall be substituted, .

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he -'having undertaken to administer the -same,, and to make a full and true inventory of the said pro- herty and credits and exhibit the same in this Court Githin six months from the date of this grant or wibh- 3,,ilz,auch further time as the Court may from time to time appoint, and also to render bo this Court a true account of the said property .and credits within one year .from the ssme date or within such further time a& .the Court m&y from time to.

time appoint."
time appoint."

f section 265 of the stituted, namely .

:- '( he having undertaken to.

administer the same, .
and to make :a:ful:l and true inventory of the said pro- 'pertY and credits a n d exhibit the same in this Court within six montlls from the date of this grant or with- id' s~ioh further time as the Court may from time to time-appoint, and also to :render to this Court a true account of the said propeit,y and credits within one year.from the same date or within sach further time as the C0ur.i may from kime to time appoint.." 6, In section 256 6f the same Act, for the w@ds of admiaistratlbn " Every person to ministration is com- j !
i i 4 i i i 1 I <J :I ..I .

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:I +\ e Act the following ..... administrat.0~ shall, m7ithiii ' .

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L , 1889.1 Probate und ddmi~aist~ation.
39 within six months fyom the grant of probate or letters of administi-ation, or within such further time as the y - - - C.ouf t wllioli granted the pro bat,^, o r letters may from time to time appoint, exliibit in tEat Court an in- ventory containing a full and true estirnatc of all the property in possession, and all the credits, and also all the debts owing by any person to wliich the executw or administrator is entitle,d in that character, and shall in like manner, within one year from the grant or within such further time as the said Court may from time to time appoint, exhibit a n account of the estate, showing the assets which have come t o his hands and t h e manner in wEiich they have been ap-- plied or disposed of.
r , " (2) The High Court may from time to time prescribe the form in which an inventory or account under this section is to be exhibited. "

(3) If a n executor or administrator, on being required by the Court to exhibit an inventory or account under this section, intentionally omits to comply with the requisition, he shall be deemed to have committed a n offence under section 176 of the X L v of 1860.

Indian Penal Code. "


( 4 ) The exhibition of a n intentionally false in-2 ventory or account under this section shall be deemed to be a n offence under section 193 of that Codev."

8.

I n section 277A of the same Act, for the words Amendment. "

it is sought to obtain a grant " the words " a grant Of Rection 277A, d o t has been made ", and for the words and figures " thc x, 1865. person applying for administration after the first day of ,April, 1875," the word " administrator", shall be substituted.

9.
9.

( 1 ) I n section 283 of the same Act, for the t ~ f t p t words " the country in which h e was domiciled" the 283, bob X. words " British India" shall be substituted.

1865.

(2) The iMustration to the same section is hereby repealed.

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I I I \ I 1 I A 40 Probate and Adnzi~zistrclliota.

[ A C T VS: Addition to Act x, 1866. namely :- 10.

To the same Act the following shall be added, "533.
( 1 ) When a grint of probate or letters of -Surrender-of revoked pro- bate or letters administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith of adminis- traLiou deliver up tire probate or letters to the Court which .

made the grant. "
made the grant. "

( 2 ) I f such person wilfully and tvithoud, reasoa- able cause omits so to deliver up the probate or letters, -' he shall be punished with fine which may extend to one thousand rupees, or with imprisonment of either description for a term which may extend to three months, or with both."

Pro6ate and Adm.t'nist?

*ation A c t , 1881.

/ F F e !

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f k a m e n d m e n t of section 60, 11.


After the 4th clause of the expla+aatiolz to see- v, lssl, tion 60 of the Probate and Administration Act, 1881, v or 1881. the following shall be added, namely :- " Gth, that the person t o whom the grant 'was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in ac- cordance with the provisions of Chapter V I I of this Act, or has exhibited under that Chapter an inventory or account which is untrue in a material respect."
a m e n d m e n t Act V, 1881.

12.
For the portion of section 76 of the same Act Is* beginning with the words 'r he having undertaken t o administer the same" and ending with the words "within one year from tlie same date" the follow- ing shall be substituted, namely :- "he having undertaken to administer the same and to make a full and true inventory of the said pro- perty and credits and exhibit the same in this Court within six montils 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 from time to time appoint."
13.

FOE ' r L. - - - - - - - - _ - - A 1 - __ -- _____---------- 1889 ] Probate aszd Adnainistration.

13.
For the portion of section 77 of the same Act Amendnlent beginning with the words " he having undertalcen ~~t V, 1 ~ ~ 1 , to adlninister the same " and ending with tho words " witthin one year Prom the same date" the following shall be substituted, namcly :- "he having undertaken to administer the same, and to make a full and true inventory of the said pro- perty 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 pilopesty and credits within one year from the same date or within such further time as the Court may from time to time appoint."
14.

For section 90 of the same Act the following Snbstitotim of new sec- shall be substituted, namely :- " 90.

(1) An executor or administrator has, subject Power of exe- t o the provisio~~s of this section, powel.

to dispose, as :;Y~(':I,~,",,", he thinks fit, of all or any of the property for the to dispose of xime being vested in him under section 4. "
(2) The power of an executor to dispose of im- ~noveable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, unless probate has been granted to him and the Court which granted the probate per- mits him by an order in writing, notwithstanding the restriction, to dispose of any iminoveable property spe- cified in the order in a manner permitted by the order. ''
(3) An administrator may not, without the pre- vious permission of,the Court by which the letters of administration were granted,- ( a ) mortgage, charge or transfer by.

sale, gift, ex- change or otherwise any immoveable pro- perty for the time being vested in him under section 4, or ( b ) lease any such property for a term exceeding five years. "
(4) a " (6;) Before any probate o r letters of 'administra- -tion is or are granted under this Act there shall be endorsed thereon or annexed thereto a copy of sub- sections (I), ( 2 ) and (4), or of sub-sections ( I ) , ( 8 ) and (4, as the case may be. "
(6) A probate or letters of administration 'shall not be rendered invalid by reason of the endorsement or annexure requiredby the last foregoing sub-section not having been made thereon or attached thereto, nor shall the absence of such a n endorsement or annexure authorize an executor or administrator to act otherwise than in accordance with the provisions .of this section."

tio,, for set.

shall be substituted, namely :- "98.
(1) An executor or administrator shall, within six months from the grant of probate -or letters of administxation, or within such further time as the Court which granted the probatc.or letters may from time to time appoint, exhibit in that Court an inven- tory containing a full and tfue estimate of all the property in possession, and all the credits, and also 'all the debts owing by any person to which the exe- cutor or a.dministrator is entitled in that character, a.nd shall in like manner, within one year frorn the grant or mithin such further time as tlle said Court may from to time appoint, exhibit an account of the estate, showing the assets which have come to his hands-and the manner in which they have been ap- -plied or disposed of. "
(3) If .

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( 3 ) If an executor or administrator,!on being re.

quired by the Court to exhibit an inventory or account under this- section, intentioilally omits to comply with the requisition, he shall be 'deemed to have coxrlmitled 16.

I-n sectioiz 99 of the same Act, for the words Amendmenk of section 99, V, 1881. "

i t i s sought to obtain a grant '" the voids '( a grant h a s been msde", a.nd for thenwords " the person apply- 5ng for administration '' the nrosd. "
administra,tor '' , :shall be substituted. "

151.

( 1 ) When a grant of probate or lottors of Sllwender of revolred pro- -administration is revoked or annulled under this Act, bate or .Court-fees AcL, 18'10, and Indian Stanzp Act, 18'79.