Section9
The Administrators-General Act, 1963

Right of Administrator-General to apply for administration of estates

In force From 01 Mar 1964 Act 45 of 1963 As on 17 Oct 2026

Act 45 of 1963 Ministry Law and Justice Enacted 11 Dec 1963 In force 01 Mar 1964 Cited by 2 provisions

Section 9 of the Administrators-General Act, 1963 deals with right of Administrator-General to apply for administration of estates. If-- (a) any person has died leaving within any State assets exceeding rupees [ten lakhs] in value, and (b) (whether the obtaining of probate of his will or letters of administration to his estate is or is not obligatory), no person to whom any court would have jurisdiction to commit administration The Act came into force on 01 Mar 1964.

(1) If--

(a) any person has died leaving within any State assets exceeding rupees 1[ten lakhs] in value, and

(b) (whether the obtaining of probate of his will or letters of administration to his estate is or is not obligatory), no person to whom any court would have jurisdiction to commit administration of such assets has, within one month after his death, applied in such State for such probate, or letters of administration, and

(c) (in cases where the obtaining of such probate or letters of administration is not obligatory under the provisions of the Indian Succession Act, 1925 [39 of 1925]), no person has taken other proceedings for the protection of the estate,

the Administrator-General of the State in which such assets are, may, subject to any rules made by the State Government, within a reasonable time after he has had notice of the death of such person, and of his having left such assets, take such proceedings as may be necessary to obtain from the High Court letters of administration of the estate of such person.

(2) The Administrator-General shall not take proceedings under this section unless he is satisfied, that there is apprehension of misappropriation, deterioration or waste of such assets if such proceedings are not taken by him or that such proceedings are otherwise necessary for the protection of the assets.

Section 9, 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.

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.

  1. Dilip Dhirajlal Sheth v. The Administrator General, Maharashtra State & Ors.

    High Court 27 Feb 2008 Persuasive (High Court) — Administrators-General Act s.29/30 certificate power does not authorise AG possession/eviction orders Writ Petition No. 618 of 2008 (Bombay HC)

    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.9: AG’s administration right is exercised by applying to the competent court, not by unilateral eviction orders.

    Read the full order on eCourts India

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.

Questions about Section 9

What have the courts held on Section 9 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.9: AG’s administration right is exercised by applying to the competent court, not by unilateral eviction orders.

How do I find court cases under Section 9 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 9, section 9 Administrators-General Act, section 9 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 9 of the Administrators-General Act, and has it changed?

2 other provisions in this corpus refer back to it.

When did Section 9 of the Administrators-General Act come into force?

Section 9 of the Administrators-General Act, cited as Administrators-General Act 9, 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

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 17 Oct 2026. This page is not a substitute for legal advice.