Probate and Administration Act, 1977 (1920 A.D.)

No: 29 Dated: Apr, 01 1978

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

(Act No. XXIX of 1977)

    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 whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

2. Application. - This Act shall apply in the case of [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 clause. - In this Act, unless there be something repugnant in the subject or context,

Province. - means the province of Jammu or the province of Kashmir;

Minor. - Minor means any person subject to the Majority Act, 1977, 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 ;

Will. - Will means the legal declaration of the intentions of the testator, or 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 competent 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 State, and a properly authenticated copy of the will is produced, 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.