278. Petition for letters of administration.—
(1) Application for letters of administration shall be
made by petition distinctly written as aforesaid and stating—
(a) the time and place of the deceased's death;
(b) the family or other relatives of the deceased, and their respective residences;
(c) the right in which the petitioner claims;
(d) the amount of assets which are likely to come to the petitioner's hands;
(e) when the application is to the District Judge, that the deceased at the time of his death had a
fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(f) when the application is to a District Delegate, that the deceased at the time of his death had a
fixed place of abode within the jurisdiction of such Delegate.
(2) Where the application is to the District Judge and any portion of the assets likely to come to the
petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in
each State and the District Judges within whose jurisdiction such assets are situate.
279. Addition to statement in petition, etc., for probate or letters of administration in certain
cases.—
(1) Every person applying to any of the Courts mentioned in the proviso to section 273 for
probate of a will or letters of administration of an estate intended to have effect throughout 1[India], shall
state in his petition, in addition to the matters respectively required by section 276 and section 278, that to
the best of his belief no application has been made to any other Court for a probate of the same will or for
letters of administration of the same estate, intended to have such effect as last aforesaid,
or, where any such application has been made, the Court to which it was made, the person or persons by
whom it was made and the proceedings (if any) had thereon.
(2) The Court to which any such application is made under the proviso to section 273 may, if it thinks
fit, reject the same.
280. Petition for probate, etc., to be signed and verified.—The petition for probate or letters of
administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be
verified by the petitioner in the following manner, namely:—
“I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best
of my information and belief.”
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
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281. Verification of petition for probate, by one witness to will.—Where the application is for
probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in
the manner or to the effect following, namely:—
“I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above
petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or
that the said testator acknowledged the writing annexed to the above petition to be his last will and
testament in my presence).”
282. Punishment for false averment in petition or declaration.—If any petition or declaration
which is hereby required to be verified contains any averment which the person making the verification
knows or believes to be false, such person shall be deemed to have committed an offence under section
193 of the Indian Penal Code (45 of 1860).
283. Powers of District Judge.—
(1) In all cases the District Judge or District Delegate may, if he
thinks proper,—
(a) examine the petitioner in person, upon oath;
(b) require further evidence of the due execution of the will or the right of the petitioner to the
letters of administration, as the case may be;
(c) issue citations calling upon all persons claiming to have any interest in the estate of the
deceased to come and see the proceedings before the grant of probate or letters of administration.
(2) The citation shall be fixed up in some conspicuous part of the courthouse, and also in the office 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.
(3) Where any portion of the assets has been stated by the petitioner to be situate within the
jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of
the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it
were a citation issued by himself, and shall certify such publication to the District Judge who issued the
citation.
284. Caveats against grant of probate or administration.—
(1) Caveats against the grant of probate
or administration may be lodged with the District Judge or a District Delegate.
(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 Judge, 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 of his death, and to any other Judge or District Delegate to whom it may appear to the District
Judge expedient to transmit the same.
Form of caveat.—
(4) The caveat shall be made as nearly as circumstances admit in the form set forth
in Schedule V.
285. After entry of caveat, no proceeding taken on petition until after notice to caveator.—No
proceeding shall be taken on a petition for probate or letters of administration after a caveat against the
grant thereof has been entered with the Judge or District Delegate to whom the application has been made
or notice has been given of its entry with some other Delegate, until after such notice to the person by
whom the same has been entered as the Court may think reasonable.
286. District Delegate when not to grant probate or administration.—A District Delegate shall
not grant probate or letters of administration in any case in which there is contention as to the grant, or in
which it otherwise appears to him that probate or letters of administration ought not to be granted in his
Court.
Explanation.—“Contention” means the appearance of any one in person, or by his recognizedagent,
or by a pleader duly appointee to act on his behalf, to oppose the proceeding.
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287. Power to transmit statement to District Judge in doubtful cases where no contention.—In
every case in which there is no contention, but it appears to the District Delegate doubtful whether the
probate or letters of administration should or should not be granted, or when any question arises in
relation to the grant, or application for the grant, of any probate or letters of administration, the District
Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who
may direct the District Delegate to proceed in the matter of the application, according to such instructions
as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in
relation to the matter of such application, leaving the party applying for the grant in question to make
application to the Judge.
288. Procedure where there is contention of District Delegate thinks probate or letters of
administration should be refused in his Court.—In every case in which there is contention, or the
District Delegate is of opinion that the probate or letters of administration should be refused in his Court,
the petition, with any documents which may have been 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. Grant of probate to be under seal of Court.—When it appears to the District Judge or District
Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the
form set forth in Schedule VI.
290. Grant of letters of administration to be under seal of Court.—When it appears to the District
Judge or District Delegate that letters of administration to the 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 VII.
291. Administration-bond.—
(1) Every person to whom any grant of letters of administration, other
than a grant under section 241, is committed, shall give a bond to the District Judge with one or more
surety or sureties, engaging for the due collection, getting 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 deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person—
(a) the exception made by sub-section
(1) in respect of a grant under section 241 shall not
operate.
(b) the District Judge may demand a like bond from any person to whom probate is granted.
292. Assignment of administration-bond.—The Court may, on application made by petition and on
being satisfied that the engagement of any such bond has not been kept, and upon such terms as to
security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit,
assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on
the said bond in his or their own name or names as if the same had been originally given to him or them
instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all persons
interested, the full amount recoverable in respect of any breach thereof,
293. Time for grant of probate and administration.—No probate of a will shall be granted until
after the expiration of seven clear days, and no letters of administration shall be granted until after the
expiration of fourteen clear days, from the day of the testator or intestate’s death.
294. Filing of original wills of which probate or administration with will annexed granted.—
(1)
Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or
letters of administration with the will annexed may be granted by him, among the records of his Court,
until some public registry for wills is established.
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(2) The State Government shall make regulations for the preservation and inspection of the wills so
filed.
295. Procedure in contentious cases.—In any case before the District Judge in which there is
contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the
provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters
of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose
the grant shall be the defendant.
296. Surrender of revoked probate or letters of administration.—
(1) When a grant of probate or
letters of administration is revoked or annulled under this Act, the person to whom the grant was made
shall forthwith deliver up the probate or letters to the Court which made the grant.
(2) If such person willfully and without reasonable cause omits so to deliver up the probate or letters,
he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a
term which may extend to three months, or with both.
297. Payment to executor or administrator before probate or administration revoked.—When a
grant of probate or letters of administration is revoked, all payments bona fide made to any executor or
administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a
legal discharge to the person making the same; and the executor or administrator who has acted under any
such revoked grant may retain and reimburse himself in respect of any payments made by him which the
person to whom probate or letters of administration may afterwards be granted might have lawfully made.
298. Power to refuse letters of administration.—Notwithstanding anything hereinbefore contained,
it shall, where the deceased' was a Muhammadan, Buddhist or exempted person, or a Hindu, Sikh or Jaina
to whom section 57 does not apply, be in the discretion of the Court to make an order refusing, for
reasons to be recorded by it in writing, to grant any application for letters of administration made lousier
this Act.
299. Appeals from orders of District Judge.—Every order made by a District Judge by virtue of the
powers hereby conferred upon him shall be subject to appeal to the High. Court in accordance with the
provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals.
300. Concurrent jurisdiction of High Court.—
(1) The High Court shall have concurrent
jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District
Judge.
(2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent
jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and
Bombay 1 *** shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an
exempted person, receive applications for probate or letters of administration until the State Government
has by a notification in the Official Gazette, authorised it so to do.
301. Removal of executor or administrator and provision for successor.—The High Court may,
on application made to it, suspend, remove or discharge any private executor or administrator and provide
for the succession of another person to the office of any' such executor or administrator who may cease to
hold office, and the vesting in such successor of any property belonging to the estate.
302. Directions to executor or administrator.—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.
1. The words “and the province of Burma” omitted by the A.O. 1937.
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CHAPTER V.—Of Executors of their own Wrong
303. Executor of his own wrong.—A person who intermeddles with the estate of the deceased or
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 immediate 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
(i) A uses or gives away or sells some of the goods of the deceased, or takes them to satisfy his own debt or
legacy or receives payment of the debts of the deceased. He is an executor of his own wrong.
(ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods,
continues to do so after he has become aware of his death. He is an executor of his own wrong in respect of acts
done after he has become aware of the death of the deceased.
(iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong.
304. Liability of executor of his own wrong.—When a person has so acted as to become an
executor of his own wrong, he is answerable to the rightful executor or administrator, or to any creditor or
legatee of the deceased, to the extent of the assets which may have come to his hands after deducting
payments made to the rightful executor or administrator, and payments made in due course of
administration.
CHAPTER VI.—Of the Powers of an Executor or Administrator
305. In respect of causes of action surviving deceased and debts due at death.—An executor or
administrator has the same power to sue in respect of all causes of action that survive the deceased, and
may exercise the same power for the recovery of debts as the deceased had when living.
306. Demands and rights of action of or against deceased survive to and against executor or
administrator.—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 (45 of 1860), 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 not be enjoyed or granting it would be
nugatory.
Illustrations
(i) A collision takes place on a railway in consequence of some neglect or default of an official, and a passenger
is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. action does not
survive.
(ii) A sues for divorce. A dies. The cause of action does not survive to his representative.
307. Power of executor or administrator to dispose of property.—
(1) Subject to the provisions of
sub-section
(2), and executor or administrator has power to dispose of the property of the deceased,
vested in him under section 211, either wholly or in part, in suchmanner as he may think fit.
Illustrations
(i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the
bequest, sells the subject of it. The sale is valid.
(ii) The executor in the exercise of his discretion mortgages a part of the immoveable estate of the deceased.
The mortgage is valid.
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(2) If the deceased was a Hindu, Muhammad an, Buddhist, Sikh or Jaina or an exempted person, the
general power conferred by sub-section
(1) shall be subject to the following restrictions and conditions,
namely:—
(i) The power of an executor to dispose of immovable 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 permits him by an order in writing,
notwithstanding the restriction, to dispose of any immovable property specified in the order in a
manner permitted by the order.
(ii) An administrator may not, without the previous permission of the Court by which the letters
of administration were granted,—
(a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property
for the time being vested in him under section 211, or
(b) lease any such property for a term exceeding five years.
(iii) A disposal of property by an executor or administrator in contravention of clause
(i) or clause
(ii), as the case may be, is voidable at the instance of any other person interested in the property.
(3) Before any probate or letters of administration is or are granted in such a case, there shall be
endorsed thereon or annexed thereto a copy of sub-section
(1) and clauses
(i) and (iii) of sub-section
(2)
or of sub-section
(1) and clauses (ii) and (iii) of sub-section
(2), as the case may be.
(4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement
or annexure required by sub-section
(3) not having been made thereon or attached thereto, nor shall the
absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than
in accordance with the provisions of this section.
308. General powers of administration.—An executor or administrator may, in addition to, and not
in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure—
(a) on such acts as may be necessary for the proper care or management of any property
belonging to any estate administered by him; and
(b) with the sanction of the High Court, on such religious, charitable and other objects, and on
such improvements, as may be reasonable and proper in the case of such property.
309. Commission or agency charges.—An executor or administrator shall not be entitled to receive
or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of
the Administrator-General by or under the Administrator-General’s Act, 1913 (3 of 1913).
310. Purchase by executor or administrator of deceased’s property.—If any executor or
administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is
voidable at the instance of any other person interested in the property sold.
311. Powers of several executors or administrators exercisable by one. —When there are several
executors or administrators, the powers of all may, in the absence of any direction to the contrary, be
exercised by any one of them who has proved the Will or taken out administration.
Illustrations
(i) One of several executors has power to release a debt due to the deceased.
(ii) One has power to surrender a lease.
(iii) One has power to sell the property of the deceased whether movable or immovable.
(iv) One has power to assent to a legacy.
(v) One has power to endorse a promissory note payable to the deceased.
(vi) The Will appoints A, B, C and D to be executors, and directs that two of them shall be a quorum. No act can
be done by a single executor.
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312. Survival of powers on death of one of several executors or administrators.—Upon the death
of one or more of several executors or administrators, in the absence of any direction to the contrary in
the will or grant of letters of administration, all the powers of the office become vested in the survivors or
survivor.
313. Powers of administrator of effects unadministered.—The administrator of effects
unadministered has, with respect to such effects, the same powers as the original executor or
administrator.
314. Powers of administrator during minority.—An administrator during minority has all the
powers of an ordinary administrator:
315. Powers of married executrix or administratrix.—When a grant of probate or letters of
administration has been made to a married woman, she has all the powers of an ordinary executor or
administrator.
CHAPTER VII.—Of the Duties of an Executor or Administrator
316. As to deceased’s funeral.—It is the duty of an executor to provide funds for the performance of
the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left
property sufficient for the purpose.
317. Inventory and account.—
(1) An executor or administrator shall, within six months from the
grant of probate or letters of administration, or within such further time as the Court which granted the
probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate of. all
the property in possession, and all the credits, and also all the debts owing by any person to which the
executor or administrator is entitled in that character; and shall in like manner, within one year from the
grant or within such further time as the said Court may appoint, exhibit an account of the estate, showing
the assets which have come to his hands and the manner in which they have been applied or disposed of.
The High Court may prescribe the form in which an inventory or account under this section is to be
exhibited.
If an 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 an offence under section 176 of the Indian Penal Code (45 of 1860).
The exhibition of an intentionally false inventory or account under this section shall be deemed to be
an offence under section 193 of that Code.
318. Inventory to include property in any part of India in certain cases.— in all cases where a
grant has been made of probate or letters of administration intended to have
effect throughout 1[India] 2***, the executor or administrator shall include in the inventory of the
effects of the deceased all his moveable and immoveable property situate in '[India], and the value of such
property situate in each state shall be separately stated in such inventory, and the probate or letters of
administration shall be chargeable with a fee corresponding to the entire amount or value of the property
affected thereby wheresoever situate within 1[India].
319. As to property of, and debts owing to, deceased.—The executor or administrator shall collect,
with reasonable diligence, the property of the deceased and the debts that were due to him at the time of
his death.
320. Expenses to be paid before all debts.—Funeral expenses to a reasonable amount, according to
the degree and quality of the deceased, and death-bed charges, including fees for medical attendance, and
board and lodging for one month previous to his death, shall be paid before all debts.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
2. The words “of India” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
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321. Expenses to be paid next after such expenses.—The expenses of obtaining probate or letters of
administration, including the costs incurred for or in respect of any judicialproceedings that may be
necessary for administering the estate, shall be paid next after the funeral expenses and death-bed charges.
322. Wages for certain services to be next paid, and then other debts.—Wages due for services
rendered to the deceased within three months next preceding his death by any labourer, artizan or
domestic servant shall next be paid, and then the other debts of the deceased according to their respective
priorities (if any).
323. Save as aforesaid, all debts to be paid equally and rateably.—Save as aforesaid, no creditor
shall have a right of priority over another; but the executor or administrator shall pay all such debts as he
knows of, including his own, equally and rateably as far as the assets of the deceased will extend.
324. Application of moveable property to payment of debts where domicile not in India.—
(1) If
the domicile of the deceased was not in 1[India], the application of his moveable property to the payment
of his debts is to be regulated by the law of 1[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.
Illustration
A dies, having his domicile in a country where instruments under seal have priority over instruments not under
seal leaving moveable property to the value of 5,000 rupees, and immoveable property to the value of 10,000 rupees,
debts on instruments under seal to the amount of 10,000 rupees, and debts on instruments not under seal to the same
mount. The creditors holding instruments under seal received half of their debts out of the proceeds of the moveable
estate. The proceeds of the immoveable estate are to be applied in payment of the debts on instruments not under
seal until one-half of such debts have been discharged. This will leave 5,000 rupees which are to be distributed
rateably amongst all the creditors without distinction, in proportion to the amount which may remain due to them.
325. Debts to be paid before legacies.—Debts of every description must be paid before any legacy.
326. Executor or administrator not bound to pay legacies without indemnity.—If the estate of the
deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any
legacy without a sufficient indemnity to meet the liabilities whenever they may become due.
327. Abatement of general legacies.—If the assets, after payment of debts, necessary expenses and
specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be
diminished in equal proportions, 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 a trustee.
328. Non-abatement of specific legacy when assets sufficient to pay debts.—Where there is a
specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing
specified must be delivered to the legatee without any abatement.
329. Right under demonstrative legacy when assets sufficient to pay debts and necessary
expenses.—Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts
and necessary expenses, the legatee has a preferential claim for payment of Isis legacy out of the fund
from which the legacy i
