The PROBATE AND ADMINISTRATION ACT, 1977 (1920 A.D.)

PROBATE AND ADMINISTRATION
ACT, 1977
(Act No. XXIX of Svt. 1977)
PROBATE AND ADMINISTRATION ACT, 1977.
(Act No. XXIX of Svt. 1977)
CONTENTS
Preamble.
SECTION.
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Application.
3. Interpretation clause.
CHAPTER II
Of Grant of Probate and Letters of Administration
4. Character and property of executor or administrator as such.
5. Administration with copy annexed of authenticated copy of will proved
abroad.
6. Probate only to appointed executor.
7. Appointment, express or implied.
8. Persons to whom probate cannot be granted.
9. Grant of probate to several executors simultaneously or at different times.
10. Separate probate of codicil discovered after grant of probate.
Procedure when different executors appointed by codicil.
11. Accrual of representation to surviving executor.
12. Effect of probate.
13. To whom administration may not be granted.
14. Effect of letters of administration.
15. Acts not validated by administration.
102 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
SECTION.
16. Grant of administration where executor has not renounced.
Exception.
17. Form and effect of renunciation of executorship.
18. Procedure where executor renounces or fails to accept within time limited.
19. Grant of administration to universal or residuary legatee.
20. Right to administration of representative of deceased residuary legatee.
21. Grant of administration where no executor, nor residuary legatee, nor repre-
sentative of such legatee.
22. Citation before grant of administration to legatee other than universal or
residuary.
23. To whom administration may be granted.
CHAPTER III
Of Limited Grants
(a).—Grants limited in duration.
24. Probate of copy or draft of lost will.
25. Probate of contents of lost or destroyed will.
26. Probate of copy where original exists.
27. Administration until will produced.
(b).—Grants for the use and benefit of others having right.
28. Administration with will annexed to attorney of absent executor.
29. Administration, with will annexed, to attorney of absent person who, if
present, would be entitled to administer.
30. Administration to attorney of absent person entitled to administer, in
case of intestacy.
31. Administration during minority of sole executor or residuary legatee.
32. Administration during minority of several executors or residuary legatees.
33. Administration for use and benefit of lunatic.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)103
SECTION.
34. Administration pendent lite.
(c).—For special purposes.
35. Probate limited to purpose specified in will.
36. Administration with will annexed limited to particular purpose.
37. Administration limited to trust property.
38. Administration limited to suit.
39. Administration limited to purpose of becoming party to suit to be brought
against executor or administrator.
40. Administration limited to collection and preservation of deceased’s property.
41. Appointment, as administrator, of person other than one who under ordi-
nary circumstances would be entitled to administration.
(d).—Grants with exception.
42. Probate or administration with will annexed subject to exception.
43. Administration with exception.
(e).—Grants of the rest.
44. Probate or administration of rest.
(f).—Grants of effects unadministered.
45. Grant of effects unadministered.
46. Rules as to grants of effects unadministered.
47. Administration when limited grant expired and still some part of estate
unadministered.
CHAPTER IV
Alteration and Revocation of Grants
48. What errors may be rectified by Court.
49. Procedure where codicil discovered after grant of administration with
will annexed.
50. Revocation or annulment for just cause.
104 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
SECTION.
CHAPTER V
Of the Practice in Granting and revoking Probates and Letters of Adminis-
tration
51. Jurisdiction of District Judge in granting and revoking probates, etc.
52. Power to appoint Delegate of District Judge to deal with non-conten-
tious cases.
53. District Judges powers as to grant of probate and administration.
54. District Judge may order person to produce testamentary papers.
55. Proceedings of District Judges Court in relation to probate and adminis-
tration.
56. When probate or administration may be granted by District Judge.
57. Disposal of application made to Judge of District in which deceased
had no fixed abode.
58. Probate and letters of administration may be granted by Delegate.
59. Conclusiveness of probate or letters of administration.
Effect of unlimited probates, etc., granted by certain Courts.
60. Transmission to High Court of certificate of grants under proviso to section
59.
61. Conclusiveness of application for probate or administration, if properly
made and verified.
62. Petition for probate.
63. In what cases translation of will to be annexed to petition.
Verification of translation by person other than Court translator.
64. Petition for letters of administration.
65. Additional statements in petition for probate, etc.
66. Petition for probate or administration to be signed and verified.
67. Verification of petition for probate by one witness to will.
68. Punishment for false averment in petition or declaration.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)105
SECTION.
69. District Judge may examine petitioner in person, require further evidence,
and issue citations to inspect proceedings.
Publication of citation.
70. Caveats against grant of probate or administration.
71. Form of caveat.
72. After entry of caveat, no proceeding taken on petition until after notice
to caveator.
73. District Delegate when not to grant probate or administration.
74. Power to transmit statement to District Judge in doubtful cases where no
contention.
75. Procedure where there is contention or District Delegate thinks probate or let-
ters of administration should be refused in his Court.
76. Grant of probate to be under seal of Court.
Form of such grant.
77. Grant of letters of administration to be under seal of Court.
Form of such grant.
78. Administration-bond.
79. Assignment of administration bond.
80. Time before which probate or administration shall not be granted.
81. Filing of originals wills of which probate or administration with will an-
nexed granted.
82. Grantee of probate or administration alone to sue, etc., until same re-
voked.
83. Procedure in contentious cases.
84. Payment to executor or administrator before probate or administration
revoked.
Right of such executor or administrator to recoup himself.
85. Power to refuse letters of administration.
106 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
SECTION.
86. Appeals from orders of District Judge.
87. Concurrent jurisdiction of High Court.
87-A. Removal of executor or administrator and provision for successor.
87-B. Directions to executor or administrator.
CHAPTER VI
Of the Power of an Executor or Administrator
88. In respect of causes of action surviving deceased, and debts due at
death.
89. Demands and rights of suit of or against deceased survive to and against
executor or administrator.
90. Power of executor or administrator to dispose of property.
90-A. General powers of administration.
91. Purchase by executor or administrator of deceased’s property.
92. Powers of several executors or administrators exercisable by one.
93. Survival of powers on death of one of several executors or adminis-
trators.
94. Powers of administrator of effects unadministered.
95. Powers of administrator during minority.
96. Powers of married executrix or administratrix.
CHAPTER VII
Of the Duties of an Executor or Administrator
97. As to deceased funeral ceremonies.
98. Inventory and account.
99. Inventory to include property in any part of the State.
100. As to property of, and debts owing to, deceased.
101. Expenses to be paid before all debts.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)107
SECTION.
102. Expenses to be paid next after such expenses.
103. Wages for certain services to be next paid, and then other debts.
104. Save as aforesaid, all debts to be paid equally and rateably.
105. Debts to be paid before legacies.
106. Executor or administrator not bound to pay legacies without indemnity.
107. Abatement of general legacies.
Executor not to pay one legatee in preference to another.
108. Not-abatement of specific legacy when assets sufficient to pay debts.
109. Right under demonstrative legacy when assets sufficient to pay debts and
necessary expenses.
110. Rateable abatement of specific legacies.
111. Legacies treated as general for purpose of abatement.
CHAPTER VIII
Of the Executors Assent to a Legacy
112. Assent necessary to complete legatee’s title.
113. Effect of executors assent to specific legacy.
Nature of assent.
114. Conditional assent.
115. Assent of executor to his own legacy.
Implied assent.
116. Effect of executors assent.
117. Executor when to deliver legacies.
CHAPTER IX
Of the Payment and Apportionment of Annuities
118. Commencement of annuity when no time fixed by will.
108 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
119. When annuity, to be paid quarterly or monthly, first falls due.
120. Date of successive payments when first payment directed to be made
within given time, or on day certain.
Apportionment where annuitant dies between times of payment.
CHAPTER X
Of the Investment of Funds to provide for Legacies
121. Investment of sum bequeathed where legacy, not specific, given for life.
122. Investment of general legacy, to be paid at future time.
Intermediate interest.
123. Procedure when no fund charged with, or appropriated to, annuity.
124. Transfer to residuary legatee of contingent bequest.
125. Investment of residue bequeathed for life, with direction to invest in speci-
fied securities.
126. Time and manner of conversion and investment.
Interest payable until investment.
127. Procedure where minor entitled to immediate payment or possession of
bequest, and no direction to pay to person on his behalf.
CHAPTER XI
Of the Produce and Interest of Legacies
128. Legatees title to produce of specific legacy.
129. Residuary legatee’s title to produce of residuary fund.
130. Interest when no time fixed for payment of general legacy.
131. Interest when time fixed.
132. Rate of interest.
133. No interest on arrears of annuity within first year after testators death.
134. Interest on sum to be invested to produce annuity.
SECTION.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)109
CHAPTER XII
Of the Refunding of Legacies
135. Refund of legacy paid under Judges orders.
136. No refund if paid voluntarily.
137. Refund when legacy becomes due on performance of condition within
further time allowed.
138. When each legatee compellable to refund in proportion.
139. Distribution of assets.
Creditor may follow assets.
140. Creditor may call upon legatee to refund.
141. When legatee, not satisfied or compelled to refund under section 140, can-
not oblige one paid in full to refund.
142. When unsatisfied legatee must first proceed against executor, if solvent.
143. Limit to refunding of one legatee to another.
144. Refunding to be without interest.
145. Residue after usual payments to be paid to residuary legatee.
145-A. Transfer of assets from the State to executor or administrator in country of
domicile for distribution.
CHAPTER XIII
Of the Liability of an Executor or Administrator for Devastation
146. Liability of executor or administrator for devastation.
147. Liability for neglect to get in any part of property.
CHAPTER XIV
Miscellaneous
148. Provisions applied to administrator with will annexed.
149. Saving-clause.
SECTION.
110 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
150. Probate and administration, in case Hindu, Mohammedan or Buddhist, to
be granted only under this Act.
151. Omitted.
152. Omitted.
153. Omitted.
154. Omitted.
155. Omitted.
156. Omitted.
157. Surrender of revoked probate or letters of administration.
–––––––
SECTION.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)111
THE PROBATE AND ADMINISTRATION ACT, 1977
(1920  A.D.)
(Act No. XXIX of 1977)
[Sanctioned by His Highness the Maharaja Sahib Bahadur per Chief
Minister’s endorsement No. 8372, dated 11th September 1920, read with State
Council Resolution No. 1 dated 8th April, 1925, (Notification No. 14-L/81).]
An Act to provide for the grant of Probates of Wills and Letters of
Administration to the estates of certain deceased persons.
Preamble.—Whereas it is expedient to provide for the grant of probate
of wills and letters of administration to the estates of deceased persons ; It is
hereby enacted as follows :––
CHAPTER I
Preliminary
1. Short title, extent and commencement. ––(1) This Act may be called
the Probate and Administration Act, 1977.
(2) It extends to the 
1
[whole of the Union territory of Jammu and Kash-
mir]. It shall come into force on the 1st day of Baisakh, 1978.
2. Application.–– This Act shall apply in the case of 2[every person]
dying before, on or after the date of commencement of this Act :
Provided that nothing herein contained shall be deemed to render invalid
any transfer of property duly made before that date.
3. Interpretation clasue.–– In this Act, unless there be something
repugnant in the subject or context,—
Province.—Province means the province of Jammu or the province of
Kashmir :
Minor.—Minor means any person subject to 
3
[the Majority Act, 1875 (9
of 1875)], who has not attained his majority within the meaning of that Act, and
any other person who has not completed his age of eighteen years ; and
Minority means the status of any such person :
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the Jammu and Kashmir
State”.
2. Substituted by Act XVI of Samvat 1998 for “every Hindu, Mohammedan and Buddhist”.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Majority Act, 1977”.
112 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
Will.–– Will means the legal declaration of the intentions of the testator with
respect to his property, which he desires to be carried into effect after his death ;
Codicil.–– Codicil means an instrument made in relation to a will, and
explaining, altering or adding to its dispositions. It is considered as forming an
additional part of the will ;
Specific legacy.–– Specific legacy means a legacy of specified property ;
Demonstrative legacy.–– Demonstrative legacy means a legacy directed
to be paid out of specified property ;
Probate.–– Probate means the copy of a will certified under the seal of
the Court of competent jurisdiction, with a grant of administration to the estate
of the testator ;
Executor.–– Executor means a person to whom the execution of the last
will of a deceased person is, by the testators appointment, confided ;
Administrator.–– Administrator means a person appointed by compe-
tent authority to administer the estate of a deceased person when there is no
executor ; and
District Judge.–– District Judge means the Judge of a principal civil
Court of original jurisdiction.
CHAPTER II
Of Grant of Probate and Letters of Administration
4. Character and property of executor or administrator as such.–– The
executor or administrator, as the case may be, of a deceased person is his legal
representative for all purposes, and all the property of the deceased person
vests in him as such.
But nothing herein contained shall vest in an executor or administrator
any property of a deceased person which would otherwise have passed by
survivorship to some other person.
5. Administration with copy annexed of authenticated copy of will
proved abroad.–– When a will has been proved and deposited in a Court of
competent jurisdiction situated beyond the limits of the 
1
[Union territory of
Jammu and Kashmir], and a properly authenticated copy of the will is pro-
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)113
duced, letters of administration may be granted with a copy of such copy
annexed.
6. Probate only to appointed executor.–– Probate can be granted only
to an executor appointed by the will.
7. Appointment express or implied.–– The appointment may be express
or by necessary implication.
Illustrations
(a) A wills that C be his executor if B will not. B is appointed executor by
implication.
(b) A gives a legacy to B and several legacies to other persons, among
the rest to his daughter-in-law, C, and adds, “but should the within-names C be
not living. I do constitute and appoint B my whole and sole executrix”. C is
appointed executrix by implication.
(c) A appoints several persons executors of his will and codicils, and his
nephew residuary legatee, and in another codicil are these words :––“I appoint
my nephew my residuary legatee to discharge all lawful demands against my will
and codicils, signed of different dates”. The nephew is appointed an executor by
implication.
8. Persons to whom probate cannot be granted.–– Probate cannot be
granted to any person who is a minor or is of unsound mind.
9. Grant of probate to several executors simultaneously or at different
times.–– When several executors are appointed, probate may be granted to
them all simultaneously or at different times.
Illustration
A is an executor of B’s will by express appointment, and C an executor of
it by implication. Probate may be granted to A and C at the same time, or to A
first and then to C, or to C first then to A.
10. Separate probate of codicil discovered after grant of probate.–– If a
codicil be discovered after the grant of probate, a separate probate of that
codicil may be granted to the executor, if it in no way repeals the appointment
of executors made by the will.
114 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
Procedure when different executors appointed by codicil.–– If different
executors are appointed by codicil, the probate of the will must be revoked,
and a new probate granted of the will and the codicil together.
11. Accrual of representation to surviving executor.–– When probate has
been granted to several executors and one of them dies, the entire representation of
the testator accrues to the surviving executor or executors.
12. Effect of probate.–– Probate of a will when granted establishes the
will from the death of the testator, and renders valid all intermediate acts of the
executor as such.
13. To whom administration may not be granted.–– Letters of adminis-
tration cannot be granted to any person who is a minor or is of unsound mind.
14. Effect of letters of administration.–– Letters of administration entitle
the administrator to all rights belonging to the intestate as effectually as if the
administration had been granted at the moment after his death.
15. Acts not validated by administration.–– Letters of administration do
not render valid any intermediate acts of the administrator tending to the
diminuation or damage of the intestates estate.
16. Grant of administration where executor has not renounced.–– When
a person appointed an executor has not renounced the executorship, letters of
administration shall not be granted to any other person until a citation has
been issued calling upon the executor to accept or renounce his executorship.
Exception.–– except that, when one or more of several executors has or
have proved a will, the Court may, on the death of the survivor of those who have
proved, grant letters of administration without citing those who have not proved.
17. From and effect of renunciation of executorship.–– The renunciation
may be made orally in the presence of the judge or by a writing signed by the
person renouncing, and when made shall preclude him from ever thereafter
applying for probate of the will appointing him executor.
18. Procedure where executor renounces or fails to accept within time
limited.–– If the executor renounce, or fail to accept, the executorship within
the time limited for the acceptance or refusal thereof, the will may be proved
and letters of administration with a copy of the will annexed may be granted to
the person who would be entitled to administration in case of intestacy.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)115
19. Grant of administration to universal of residuary legate.–– When
the deceased has made a will, but has not appointed an executor, or
when he has appointed an executor who is legally incapable or refuses to
act, or has died before the testator, or before he has proved the will, or
when the executor dies after having proved the will, but before he has
administered all the estate of the deceased,
a universal or residuary legatee may be admitted to prove the will, and
letters of administration with the will annexed may be granted to him of the
whole estate, or of so much thereof as may be un-administered.
20. Right to administration of representative of deceased residuary
legatee.–– When a residuary legatee who has a beneficial interest survives
the testator, but dies before the estate has been fully administered, his repre-
sentative has the same right to administration with the will annexed as such
residuary legatee.
21. Grant of administration where no executor, nor residuary legatee,
nor representative of such legatee.–– When there is no executor and no residu-
ary legatee or representative of a residuary legatee, or he declines or is incapable
to act, or cannot be found, the person or persons who would be entitled to the
administration of the estate of the deceased if he had died intestate, or any other
legatee having a beneficial interest, or a creditor, may be admitted to prove the
will, and letters of administration may be granted to him or them accordingly.
22. Citation before grant of administration to legatee other than universal
or residuary.–– Letters of administration with the will annexed shall not be granted
to any legatee other than a universal or a residuary legatee, until a citation has
been issued and published in the manner hereinafter mentioned, calling on the
next of kin to accept or refuse letters of administration.
23. To whom administration may be granted.–– When the deceased has
died intestate, administration of his estate may be granted to any person who,
according to the rules for the distribution of the estate of an intestate applicable
in the case such deceased, would be entitled to the whole or any part of such
deceased’s estate.
When several such persons apply for administration, it shall be in the
discretion of the Court to grant to any one or more of them.
When no such person applies, it may be granted to a creditor of the
deceased.
116 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
CHAPTER III
Of Limited in Duration
(a)—Grants limited in duration
24. Probate of copy or draft of lost will.–– When the will has been lost or
mislaid since the testators death, or has been destroyed by wrong or accident
and not by any act of the testator, and a copy or the draft of the will has been
preserved, probate may be granted of such copy or draft, limited until the
original or a properly authenticated copy of it be produced.
25. Probate of contents of lost or destroyed will.–– When the will has
been lost or destroyed and no copy has been made nor the draft preserved,
probate may be granted of its contents, if they can be established by evidence.
26. Probate of copy where original exists.–– When the will is in the
possession of a person, residing out of the Province in which application for
probate is made, who has refused or neglected to deliver it up, but a copy has
been transmitted to the executor, and it is necessary for the interests of the
estate that probate should be granted without waiting for the arrival of the
original probate may be granted of the copy so transmitted, limited until the
will or an authenticated copy of it be produced.
27. Administration until will produced.–– Where no will of the deceased
is forthcoming, but there is reason to believe that there is a will in existence,
letters of administration may be granted, limited until the will or an authenticated
copy of it be produced.
(b)— Grants for the use and benefit of others having right
28. Administration with will annexed to attorney of absent executor.––
When any executor is absent from the Province in which application is
made, and there is no executor within the Province willing to act, letters of
administration with the will annexed may be granted to the agent of the
absent executor, for the use and benefit of his principal, limited until he
shall obtain probate or letters of administration granted to himself.
29. Administration with will annexed to attorney of absent person, who,
if present, would be entitled to administer.–– When any to whom, if present,
letters of administration with the will annexed might be granted, is absent from
the Province, letters of administration with the will annexed may be granted to
his agent, limited as above mentioned.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)117
30. Administration to attorney of absent person entitled to administer
in case of intestacy.–– When a person entitled to administration in case of
intestacy is absent from the Province, and no person equally entitled is willing
to act, letters of administration may be granted to the agent of the absent
person, limited as before-mentioned.
31. Administration during minority of sole executor or residuary
legatee.–– When a minor is sole executor or sole residuary legatee, letters
of administration with the will annexed may be granted to the legal guardian
of such minor, or to such other person as the Court shall think fit, until the
minor has attained his majority, at which period, and not before, probate of
the will shall be granted to him.
32. Administration during minority of several executors or residuary
legatee.—When there are two or more minor executors and no executor who
has attained majority, or two or more residuary legatees and no residuary legatee
who has attained majority, the grant shall be limited until one of them has
attained his majority.
33. Administration for use and benefit of lunatic.—If a sole executor or
sole universal or residuary legatee, or a person who would be solely entitled to
the estate of the intestate according to the rule for the distribution of intestates
estates applicable in the case of the deceased, be a minor or lunatic, letters of
administration with or without the will annexed, as the case may be, shall be
granted to the person to whom the care of his estate has been committed by
competent authority, or if there be no such person, to such other person as the
Court thinks fit to appoint, for the use and benefit of the minor or lunatic, until
he attains majority or becomes of sound mind, as the case may be.
34. Administration pendent lite.—Pending any suit touching the validity
of the will of a deceased person or for obtaining or revoking any probate or
any grant of letters of administration, the Court may appoint an administrator
of the estate of such deceased person, who shall have all the rights and powers
of a general administrator other than the right of distributing such estate, and
every such administrator shall be subject to the immediate control of the Court
and shall act under its direction.
(c)—For Special Purposes
35. Probate limited to purpose specified in will.–– If an executor be
appointed for any limited purpose specified in the will, the probate shall be
limited to that purpose and, if he should appoint an agent to take administration
on his behalf, the letters of administration with the will annexed shall accordingly
be limited.
118 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
36. Administration with will annexed limited to particular purpose.––
If an executor appointed generally gives an authority to an attorney to prove a
will on his behalf, and the authority is limited to a particular purpose, the
letters of administration with the will annexed shall be limited accordingly.
37. Administration limited to trust-property.–– Where a person dies,
leaving property of which he was the sole or surviving trustee, or in which he
had no beneficial interest on his own account, and leaves no general representative,
or one who is unable or unwilling to act as such, letters of administration,
limited to such property, may be granted to the beneficiary, or to some other
person on his behalf.
38. Administration limited to suit.–– When it is necessary that the
representative of a person deceased be made a party to a pending suit, and
the executor or person entitled to administration is unable or unwilling to
act, letters of administration may be granted to the nominee of a party in
such suit, limited for the purpose of representing the deceased in the said
suit, or in any other suit which may be commenced in the same or in any
other Court between the parties, or any other parties, touching the matters
at issue in the said suit, and until a final decree shall be made therein and
carried into complete execution.
39. Administration limited to purpose of becoming party to suit to be
brought against executor or administrator.–– If, at the expiration of twelve
months from the date of any probate or letters of administration, the executor
or administrator to whom the same has or have been granted is absent from the
Province within which the Court that has granted the probate or letters of
administration is situate such Court may grant to any person whom it thinks fit
letters of administration limited to the purpose of becoming and being made a
party to a suit to be brought against the executor or administrator, and carrying
the decree which may be made therein into effect.
40. Administration limited to collection and preservation of deceased
property.—In any case in which it appears necessary for preserving the property
of a deceased person, the Court within whose district any of the property is
situate may grant, to any person whom such Court thinks fit, letters of
administration limited to the collection and preservation of the property of the
deceased, and giving discharges for debts due to his estate, subject to the
directions of the Court.
41. Appointment as administrator, of person other than who under
ordinary circumstances would be entitled to administration.–– When a
person had died intestate, or leaving a will of which there is  no executor
willing and competent to act, or where the executor is, at the time of the death
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)119
of such person, resident out of the Province, and it appears to the Court to be
necessary or convenient to appoint some person to administer the estate or
any part thereof other than the person who under ordinary circumstances
would be entitled to a grant of administration, the Judge may, in his discretion,
having regard to consanguinity, amount of interest, the safety of the estate
and probability that it will be properly administered, appoint such person as
he thinks fit to be administrator ;
and in every such case letters of administration may be limited or not as
the Judge thinks fit.
(d)—Grants with Exception
42. Probate or administration with will annexed subject to exception.––
Whenever the nature of the case requires that an exception be made, probate
of a will or letters of administration with the will annexed shall be granted
subject to such exception.
43. Administration with exception.–– Whenever the nature of the case
requires that an exception be made letters of administration shall be granted
subject to such exception.
(e)—Grants of the Rest
44. Probate or administration of rest.–– Whenever a grant with exception,
of probate, or letters of administration with or without the will annexed, has been
made, the person entitled to probate or administration of the remainder of the
deceaseds estate may take a grant of probate or letters of administration, as the
case may be, of the rest of the deceaseds estate.
(f)—Grants of Effects unadministered
45. Grant of effects unadministered.–– If the executor to whom probate
has been granted has died leaving a part of the testators estate unadministered,
a new representative may be appointed for the purpose of administering such
part of the estate.
46. Rules as to grants of effects unadministered.–– In granting letters of
administration of an estate not fully administered, the Court shall be guided by the
same rules as apply to original grants, and shall grant letters of administration to
those person only to whom original grants might have been made.
47. Administration when limited grant expired, and still some part of estate
unadministered.–– When a limited grant has expired by effluxion of time, or the
happening of the event or contingency on which it was limited, and there is still
120 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
some part of the deceaseds estate unadministered, letters of administration shall
be granted to those persons to whom original grants might have been made.
CHAPTER IV
Alteration and Revocation of Grants
48. What errors may be rectified by Court.–– Errors in names and
descriptions, or in setting forth the time and place of the deceaseds death, or
the purpose in a limited grant, may be rectified by the Court, and the grant of
probate or letters of administration may be altered and amended accordingly.
49. Procedure where codicil discovered after grant of administration
with will annexed.–– If, after the grant of letters of administration with the will
annexed, a codicil be discovered, it may be added to the grant on due proof and
identification and the grant altered and amended accordingly.
50. Revocation or annulment for just cause.–– The grant of probate or
letters of administration may be revoked or annulled for just cause.
Explanation.–– Just cause.–– Just cause is––
1st, that the proceedings to obtain the grant were defective in substance ;
2nd, that the grant was obtained fraudulently by making  a false suggestion, or
by concealing from the Court something material to the case ;
3rd, that the grant was obtained by means of an untrue allegation of a
fact essential in point of law to justify the grant, though such allegation was
made in ignorance or inadvertently ;
4th, that the grant has become useless and inoperative through circumstances ;
5th, that the person to whom the grant was made has wilfully and without
reasonable cause omitted to exhibit an inventory or account in accordance
with the provisions of Chapter VII of this Act, or has exhibited under that
Chapter an inventory or account which is untrue in a material respect.
Illustration
(a) The Court by which the grant was made had no jurisdiction.
(b) The grant was made without citing parties who ought to have been cited.
(c) The will of which probate was obtained was forged or revoked.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)121
(d) A obtained letters of administration to the estate of B, as his widow,
but it has since transpired that she was never married to him.
(e) A has taken administration to the estate of B as if he had died intestate,
but a will has since been discovered.
(f) Since probate was granted, a later will has been discovered.
(g) Since probate was granted, codicil has been discovered which revokes
or adds to the appointment of executors under the will.
(h) The person to whom probate was, or letters of administration were,
granted, has subsequently become of unsound mind.
CHAPTER V
Of the Practice in granting and revoking Probates and letters of
Administration
51. Jurisdiction of District Judge in granting and revoking probates,
etc.–– The District Judge shall have jurisdiction in granting and revoking probates
and letters of administration in all cases within his district.
52. Power to appoint Delegate of District-Judge to deal with non-
contentious cases.–– The High Court may, from time to time, appoint such
judicial officers within any district as it thinks fit to act for the District Judge as
Delegates to grant probate and letters of administration in non-contentious
cases, within such local limits as it may from time to time prescribe :
Provided that, such appointment be made with the previous sanction of
1[the Government].
Persons so appointed shall be called District Delegates.
53. District Judges powers as to grant of probate and administration.––
The District Judge shall have the like powers and authority in relation to the
granting of probate and letters of administration and all matters connected
therewith, as are by law vested in him in relation to any civil suit or proceeding
depending in his Court.
54. District Judge may order person to produce testamentary papers.––
The District Judge may order any person to produce and bring into Court any
paper or writing being or purporting to be testamentary, which may be shown
to be in the possession or under the control of such person ;
1. Substituted for His Highness by Act X of Samvat 1996.
122 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
and if it be not shown that any such paper or writing is in the possession
or under the control of such person, but there is reason to believe that he has
the knowledge of any such paper or writing, the Court may direct him to attend
for the purpose of being examined respecting the same ;
and he shall be bound to answer such questions as may be put to him by
the Court, and, if so ordered, to produce and bring in such paper or writing,
and shall be subject to the like punishment under the Ranbir Penal Code in
case of default in not attending or in not answering such questions or not
bringing in such paper or writing, as he would have been subject to in case he
had been a party to a suit, and had made such default,
and the costs of the proceedings shall be in the discretion of the Judge.
55. Proceedings of District Judges Court in relation to probate and
administration.–– The proceedings of the Court of the District Judge, in
relation to the granting of probate and letters of administration, shall, except
as hereinafter otherwise provided, be regulated, so far as the circumstances
of the case will admit, by 
1
[the Code of Civil Procedure, 1908 (5 of 1908)].
56. When probate or administration may be granted by District Judge.—
Probate of the will or letters of administration to the estate of a deceased person
may be granted by the District Judge under the seal of his Court, if it appears by
a petition, verified as hereinafter mentioned, of the person applying for the same
that the testator or intestate, as the case may be, had at the time of his decease
a fixed place of abode, or any property, movable or immovable, within the juris-
diction of the Judge.
57. Disposal of application made to Judge of district in which deceased
had no fixed abode.–– When the application is made to the Judge of a district in
which the deceased had no fixed abode at the time of his death, the Judge may in
his discretion refuse the application, if in his judgment it could be disposed of
more justly or conveniently in another district, or where the application is for
letters of administration, grant them absolutely, or limited to the property within
his own jurisdiction.
58. Probate and letters of administration may be granted by Delegate.––
Probate and letters of administration may, upon application for that purpose to
any District Delegate, be granted by him in any case in which there is no
contention, if it appears by petition (verified as hereinafter mentioned) that the
testator or intestate, as the case may be, at the time of his death had his fixed
place of abode within the jurisdiction of such Delegate.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Code of Civil Procedure, Samvat
1977”.
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)123
59. Conclusiveness of probate or letters of administration.–– Probate or
letters of administration shall have effect over all the property, movable or
immovable, of the deceased throughout the Province in which the same is or
are granted,
and shall be conclusive as to the representative title against all debtors
of the deceased, and all persons holding property which belongs to him,
and shall afford full indemnity to all debtors paying their debts, and all
persons delivering up such property to the person to whom such probate or
letters of administration shall have been granted :
Effect of unlimited probates etc., granted by certain Courts.–– Provided
that probates and letters of administration granted—
(a) by the High Court, or
(b) by a District Judge, where the deceased at the time of his death had his
fixed place of abode situate within the jurisdiction of such Judge, and
such Judge certifies that the value of the property affected beyond
the limits of the province does not exceed six thousand rupees,
shall unless otherwise directed by the grant, have like effect throughout 
1
[the
whole of the Union territory of Jammu and Kashmir].
60. Transmission to High Court of certificates of grants under proviso to
section 59. ––(1) Where probate or letters of administration has or have been
granted by the District Judge with the effect referred to in the proviso to
section 59, the District Judge shall send a certificate thereof to the High Court.
(2) Every certificate referred to in sub-section (1) shall be to the following
effect, namely :––
I, A, B., District Judge of…………………hereby certify that on the………
day of granted probate of the will (or letters of administration of the estate) of
C. D. late of…………………deceased, to E. F. of …………………and G. H.
of…………………and that such probate (or letters) has (or have) effect over all
the property of the deceased throughout 
1
[the whole of the Union territory of
Jammu and Kashmir] ;
and such certificate shall be filed by the High Court.
Where any portion of the assets has been stated by the petitioner, as
hereinafter provided in sections 62 and 64, to be situated within the jurisdiction
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the State”.
124 PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)
of a District Judge in another Province, the Court required to send the certificate
referred in sub-section (1) shall send a copy thereof to such District Judge and
such copy shall be filed by the District Judge receiving the same.
61. Conclusiveness of application for probate or administration, if
properly made and verified.–– The application for probate or letters of adminis-
tration, if made and verified in the manner hereinafter mentioned, shall be conclu-
sive for the purpose of authorising the grant of probate or administration, and no
such grant shall be impeached by reason that the testator or intestate had no fixed
place of abode, or no property within the district at the time of his death, unless by
a proceeding to revoke the grant if obtained by a fraud upon the Court.
62. Petition for probate.–– Application for probate or for letters of adminis-
tration with the will annexed shall be made by a petition distinctly written in the
language in ordinary use in proceedings before the Court in which the application
is made, with the will, or, in the cases mentioned in sections 24, 25 and 26, a copy,
draft or statement of the contents thereof, annexed, and stating––
the time of the testators death,
that the writing annexed is his last will and testament, or as the case may be,
that it was duly executed,
the amount of assets which are likely to come to the petitioners hands,
and, where the application is for probate, that the petitioner is the executor
named in the will.
In addition to these particulars, the petition shall further state,––
when the application is to the District Judge, that the deceased at the
time of his death had a fixed place of abode or had some property situate within
the jurisdiction of the Judge ; and
when the application is to a District Delegate, that the deceased at the
time of his death had a fixed place of abode within the jurisdiction of such
Delegate.
When the application is to the District Judge and any portion of the
assets likely to come to the petitioners hands is situate in another Province,
the petition shall further state the amount of such assets in each Province and
the District Judges, within whose jurisdiction such assets are situate.
63. In what cases translation of will to be annexed to petition, verifica-
tion of translation by person other than Court translator.–– In cases wherein
PROBA TE AND ADMINISTRA TION ACT, 1977 (1920 A.D)125
the will, copy or draft is written in any language other than that in ordinary use
in proceedings before the Court there shall be a translation thereof annexed to
the petition by a translator of the Court, if the language be one for which a
translator is appointed ; or, if the will, copy or draft be in any other language,
then by any person competent to translate the same, in which case such trans-
lation shall be verified by that person in the following manner :––
I (A, B,), do declare that I read and perfectly un

Excerpt shown. Open the full act in Lexace.

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