Sections Details




Yüklə 0.83 Mb.
səhifə30/37
tarix17.04.2016
ölçüsü0.83 Mb.
1   ...   26   27   28   29   30   31   32   33   ...   37

Grants for special purposes



248. Probate limited to purpose specified in will
If an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney or agent to take administration on his behalf, the letters of administration, with the will annexed, shall be limited accordingly.

249. Administration, with will annexed, limited to particular purpose
If an executor appointed generally gives an authority to an attorney or agent 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.

250. Administration, limited to property in which person has beneficial interest
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.

251. 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 cause or 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 cause or suit, and until a final decree shall be made therein and carried into complete execution.

252. Administration limited to purpose of becoming party to suit to be brought against 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 been granted is absent from the State within which the Court which has granted the probate or letters of administration exercises jurisdiction, the court may grant, to any person whom it may think 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.

253. Administration limited to collection and preservation of deceased’s property
In any case in which it appears necessary for preserving the property of a deceased person, the Court within whose jurisdiction any of the property is situate may grant to any person, whom such Court may think fit, letters of administration limited to the collection and preservation of the property of the deceased and to the giving of discharges for debts due to his estate, subject to the directions of the Court.

254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
(1) When a person has 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 of such person, resident out of the State, 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, in ordinary circumstances, would be entitled to a grant of administration, the Court may, in its 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 it thinks fit to be an administrator.
(2) In every such case letters of administration may be limited or not as the Court thinks fit.
Grants with exception
255. 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.

256. 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.
Grants of the rest
257. Probate or administration of rest
Whenever a grant with exception of probate, or of letters of administration with or without the will annexed, has been made, the person entitled to probate or administration of the remainder of the deceased’s estate may take a grant of probate or letters of administration as the case may be, of the rest of the deceased’s estate.

Grant of effects unadministered



258. Grant of effects unadministered
If an executor to whom probate has been granted has died, leaving a part of the testator’s estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate.

259. 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 persons only to whom original grants might have been made.

260. Administration when limited grant expired and still some part of estate unadministered
When a limited grant has expired, by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased’s estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.

Chapter III - Alteration and Revocation of Grants

261. What errors may be rectified by Court
Errors in names and descriptions, or in setting forth the time and place of the deceased’s 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.

262. 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 is discovered, it may be added to the grant on due proof and identification, and the grant may be altered and amended accordingly.
263. 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 shall be deemed to exist where—
(a) the proceedings to obtain the grant were defective in substance; or
(b) the grant was obtained fraudulently by making a false suggestion, or suggestion, or by concealing from the Court something material to the case; or
(c) 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; or
(d) the grant has become useless and inoperative through circumstances; or
(e) 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 Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect.

1   ...   26   27   28   29   30   31   32   33   ...   37


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə