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Act45
Enacted 1963

The Administrators-General Act, 1963

In force 64 sections Law and Justice

An Act to consolidate and amend the law relating to the office and duties of Administrators-General.

Act 45 of 1963 Enacted 11 Dec 1963 In force 01 Mar 1964 Department Legislative Department

Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1963

Preamble

THE ADMINISTRATORS-GENERAL ACT, 1963

ACT NO. 45 OF 1963

[11th December, 1963.] An Act to consolidate and amend the law relating to the office and duties of Administrators-General.

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:

What this Act covers

Summary of the Administrators-General Act, 1963

Objectives of the Act

• To consolidate the law relating to Administrators-General.

• To provide for the appointment and jurisdiction of Administrators-General.

• To ensure the efficient administration and protection of the estates of deceased persons where no competent person is available to administer them.

• To safeguard the interests of heirs, beneficiaries, creditors, and other persons entitled to the estate.

Key Provisions

• Appointment of Administrators-General: The Act provides for the appointment of an Administrator-General for specified States or territories by the Central Government.

• Administration of Estates: An Administrator-General may administer the estate of a deceased person in accordance with the Act and other applicable succession laws, particularly where no executor or administrator has been appointed or is willing or competent to act.

• Powers and Duties: The Administrator-General has powers to take possession of estate assets, realise and manage property, pay debts and liabilities, represent the estate in legal proceedings, and distribute the remaining assets to the lawful beneficiaries.

• Grant of Letters of Administration: The Act lays down the circumstances in which an Administrator-General may obtain or be granted letters of administration by the competent court.

• Accounts and Supervision: The Administrator-General is required to maintain proper accounts, administer estates in a fiduciary capacity, and comply with statutory requirements relating to reporting, audit, and court supervision.

• Rule-making Power: The Central Government is empowered to make rules for carrying out the provisions of the Act.

Sections

Type to filter. 64 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Appointment of Administrator-General
  4. 4Appointment and powers of Deputy Administrator-General
  5. 5Incorporation
  6. 6Jurisdiction of High Court for the whole State
  7. 7Administrator-General entitled to letters of administration, unless granted to next-of-kin
  8. 8Administrator-General, entitled to letters of administration in preference to creditors, certain legatees or friends
  9. 9Right of Administrator-General to apply for administration of estates
  10. 10Power of Administrator-General to collect and hold assets where immediate action is required
  11. 11Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator-General
  12. 12Grant of administration to Administrator-General in certain cases
  13. 13Administrator-General not precluded from applying for letters within one month after death
  14. 14Recall of Administrator-General’s administration and grant of probate, etc., to executor or next-of-kin
  15. 15Cost of obtaining administration, etc., may, on revocation, be ordered to be paid to Administrator-General out of estate
  16. 16After revocation letters granted to Administrator-General to be deemed, as to him, to have been voidable only
  17. 17Payments made by Administrator-General prior to revocation
  18. 18Administrator-General’s petition for grant of letters of administration
  19. 19Name in which probate or letters to be granted
  20. 20Effect of probate or letters granted to Administrator-General
  21. 21Omitted
  22. 22Transfer by private executor or administrator of interest under probate or letters
  23. 23Distribution of assets
  24. 24Appointment of Official Trustee as trustee of assets after completion of administration
  25. 25Power of High Court to give directions regarding administration of estate
  26. 26No security to be required from Administrator-General
  27. 27Manner in which petition to be verified by Administrator-General
  28. 28Entry of Administrator-General not to constitute notice of a trust
  29. 29In what cases Administrator-General may grant certificate
  30. 30Grant of certificate to creditors and power to take charge of certain estates
  31. 31Administrator-General not bound to grant certificate unless satisfied of claimant’s title, etc
  32. 32Effect of certificate
  33. 33Revocation of certificate
  34. 34Surrender of revoked certificate
  35. 35Payment to holder of certificate before it is revoked
  36. 36Administrator-General not bound to take out administration on account of assets for which he has granted certificate
  37. 37Transfer of certain assets to executor or administrator in country of domicile for distribution
  38. 38Liability of Government
  39. 39Creditor’s suit against Administrator-General
  40. 40Notice of suit not required in certain cases
  41. 41Fees
  42. 42Disposal of fees
  43. 43Audit
  44. 44Auditors to examine accounts and report to Government
  45. 45Power of auditors to summon and examine witnesses, and to call for documents
  46. 46Costs of audit, etc
  47. 47General powers of administration
  48. 48Power to summon and examine witnesses
  49. 49Power of person beneficially interested to inspect Administrator-General’s account, etc., and take copies
  50. 50False evidence
  51. 51Assets unclaimed for twelve years to be transferred to Government
  52. 52Mode of proceeding by claimant to recover principal money so transferred
  53. 53Succession Act or Companies Act not to affect Administrator-General
  54. 54Savings of provisions of Police Acts for presidency-towns
  55. 55Order of court to be equivalent to decree
  56. 56Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject
  57. 57Letters of administration not necessary in respects of small estates administered by Administrator-General in accordance with certain Acts
  58. 58Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957
  59. 59Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957
  60. 60Saving of provisions of Indian Registration Act, 1908
  61. 61Power of Central Government to make rules
  62. 62Power of State Government to make rules
  63. 63Laying of rules made by Central Government before Parliament
  64. 64Repeal and savings

Amending Acts

4 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Administrators-General (Amendment) Act, 201245 of 2012
  • The Administrators-General (Amendment) Act, 199945 of 1999
  • The Administrators-General (Amendment) Act, 198345 of 1983
  • The Administrators-General (Amendment) Act, 197245 of 1972

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

  • Administrators General (Amendment) Ordinance, 1972amended this Act · 1972

All Ordinances

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 64 sections of this Act has its own page. This page is not a substitute for legal advice.