Grant of certificate to creditors and power to take charge of certain estates
Section 30 of the Administrators-General Act, 1963 deals with grant of certificate to creditors and power to take charge of certain estates. If, in cases falling within section 29, no person claiming to be interested otherwise than as a creditor in such assets or in the due administration thereof obtains, within three months of the death of the deceased, a certificate from the Administrator-General under that section, or probate of a wil The Act came into force on 01 Mar 1964.
(1) If, in cases falling within section 29, no person claiming to be interested otherwise than as a creditor in such assets or in the due administration thereof obtains, within three months of the death of the deceased, a certificate from the Administrator-General under that section, or probate of a will or letters of administration of the estate of the deceased, the Administrator-General may administer the estate without letters of administration, in the same manner as if such letters had been granted to him.
(2) If the Administrator-General neglects or refuses to administer such estate, he shall, upon the application of a creditor, grant a certificate to him in the same manner as if he were interested in such assets otherwise than as a creditor; and such certificate shall have the same effect as a certificate granted under the provisions of section 29, and shall be subject to all the provisions of this Act which are applicable to such certificate.
(3) The Administrator-General may, if he thinks fit, before granting a certificate under sub-section (2), require the creditor to give reasonable security for the due administration of the estate of the deceased.
Section 30, The Administrators-General Act, 1963 (Act 45 of 1963).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 5
- s. 31 Administrator-General not bound to grant certificate unless satisfied of claimant’s title, etc
- s. 32 Effect of certificate
- s. 33 Revocation of certificate
- s. 36 Administrator-General not bound to take out administration on account of assets for which he has granted certificate
- s. 37 Transfer of certain assets to executor or administrator in country of domicile for distribution
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dilip Dhirajlal Sheth v. The Administrator General, Maharashtra State & Ors.
Court's Decision & Legal Precedent
Held ss.29–30 certificate powers do not authorise AG to go beyond issuing certificates and take charge/possession by executive order while a court is seized of the property dispute; such shortcutting of judicial process is ultra vires.
On this section: Applied s.30: certificate/charge powers are limited and do not extend to adjudicating or forcibly recovering possession in a pending lis.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… On the death of the said employee, the petitioner filed an application before the respondent claiming pension due to the said employee. In support of his claim, he filed Ext.P4 Certificate of Administration issued by the Administrator-General under Section 30 of the Administrators-General Act, 1963. The respondent refused to act on the same and insisted on production of a Succession Certificate issued by a Civil Court. It is under the above circumstances, the petitioner approached this Court seeking the following reliefs: > "to issue a writ of mandamus or any other …
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… REBELLO & ANOOP V. MOHTA,JJ. DATED : 29th September, 2006 P.C. .Rule. Heard forthwith. 2.The petitioners have moved this Court against the order of respondent No. 1 dated 11th August, 2006 which is purported to have passed under the provisions of Section 30 of the Administrators-General Act 1963, hereinafter referred to as "the Act". We do not propose to go into merits of this petition and the legality of the order passed by respondent No. 1 considering the subsequent events that have came on record. Primafacie material which has been placed by the petitioners …
Questions about Section 30
What have the courts held on Section 30 of the Administrators-General Act?
Dilip Dhirajlal Sheth v. The Administrator General, Maharashtra State & Ors. (27 Feb 2008) is the leading judgment on this section among those set out below: Applied s.30: certificate/charge powers are limited and do not extend to adjudicating or forcibly recovering possession in a pending lis.
How do I find court cases under Section 30 of the Administrators-General Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Administrators-General Act 30, section 30 Administrators-General Act, section 30 of the Administrators-General Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dilip Dhirajlal Sheth v. The Administrator General, Maharashtra State & Ors. (27 Feb 2008).
What should I read with Section 30 of the Administrators-General Act, and has it changed?
Its own text turns on section 29 (In what cases Administrator-General may grant certificate), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it.
When did Section 30 of the Administrators-General Act come into force?
Section 30 of the Administrators-General Act, cited as Administrators-General Act 30, came into force on 01 Mar 1964, having been enacted on 11 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 29. In what cases Administrator-General may grant certificate299 words
- 62. Power of State Government to make rules283 words
- 23. Distribution of assets248 words
- 11. Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator-General230 words
- 9. Right of Administrator-General to apply for administration of estates225 words
- 10. Power of Administrator-General to collect and hold assets where immediate action is required210 words
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. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.