BOMBAY REGULATION VIII OF 1827
BOMBAY REGULATION VIII OF 1827
PREAMBLE
Repealed in part, by Act 12 of 1873.
Application of s. 10 restricted (locally), by Bom.
4 of 1890. sec. 58 (3).
Adapted and modified by the Adaptation of Indian
Laws Order in Council.
Adapted and modified by the Adaptation of Laws
Order, 1950.
A Regulation to provide for the formal recognition
of heirs, executors and administrators, and for the appointment of
administrators and managers of property by the Courts.
Whereas, at the same time that it is in general
desirable that the heirs, executors or legal administrators of persons deceased
should, unless their right is disputed, be allowed assume the management or sue
for the recovery for property belonging to the estate, without the interference
of Courts of Justice, it is yet in some cases necessary or convenient that such
heirs, executors or administrators, in order to give confidence to persons in
possession of, or indebted to, the estate to acknowledge and deal with them,
should obtain a certificate of heirship, executorship, or administratorship,
from the Zilla Court.
And whereas, whenever there is no person on the
spot entitled or willing to take charge of the property of a person deceased,
or when the right of succession is disputed between two or more claimants, none
of whom has taken possession or where the heirs are incompetent to the
management of their affairs and have no near relations entitled and willing to
take charge on their behalf, or where a person possessed of property dies
intestate and without known heirs, it is essential that the Zilla Court should
appoint an administrator for the management of the estate; the following rules
are therefore enacted * * * * *
CHAPTER I RULES FOR THE RECOGNITION OR HEIRS, EXECUTORS AND ADMINISTRATORS WITH THERE IS A COMPETENT CLAIMANT.
Regulation - 1. Legal heir etc., of person deceased competent to represent him without recognition from Court.
Whenever a person dies leaving property, whether
moveable or immovable, the heir or executor, or legal administrator, may assume
the management, or sue for the recovery, of the property, in conformity with
the law of usage applicable to the disposal of the said property, without
making any previous application to the Court to be formally recognized.
proclamation will be issued
Regulation - 2. But if such recognition requested.
First. But if an heir,
executor or administrator is desirous of having his right formally recognized
by the Court; for the purpose of rendering it more safe for persons in possession
of, or indebted to, the estate to acknowledge and deal with him, the Judge, on
application, shall issue a proclamation, in the form contained in Appendix A,
inviting all persons who dispute the right of the applicant to appear in the
Court within one month from the date of the proclamation and enter their
objections, and declaring that, if no sufficient objection is offered, the
Judge will proceed to receive proof of the right of the applicant, and, if
satisfied, grant him a certificate of heirship, executorship or
administratorship.
Second. [Publication of
proclamation.] Rep. Act XII of 1873.
Regulation - 3. If no objection appears recognition to be granted.
If, at the expiration of the time mentioned in the
proclamation, no sufficient objection has been made, the Court shall forthwith
receive such proof as may be offered of the right of the person making the
claim, and, if satisfied, shall grant a certificate in the form contained in
Appendix B, declaring him the recognized heir, executor or administrator of the
deceased.
Regulation - 4. Objection appearing to be examined, and recognition given or refused Accordingly.
First. If, before the
expiration of the time, any objection is made to the right of the person
claiming as heir, executor or administrator, the Judge, on a day to be fixed
(of which at least eight days' previous notice shall be given to the parties),
shall summarily investigate the grounds of the objections on the one hand, and
of the right claimed on the other, examining such witnesses or other evidence
as may be adduced by the parties, and either grant or refuse a certificate, as
the circumstances of the case may require.
If question is complicated or difficult, matter to
be left for adjudication.
Second. But if from the evidence
adduced, it appears that the question at issue between the parties is of a
complicated or difficult nature, the Judge may suspend proceedings in the
application for a certificate until the question has been tried by a regular
suit instituted by one of the parties.
Regulation - 5. Authenticity of wills and recognitions how certified.
Whenever an executor is formally recognised, under
the rule contained in section 4, the authenticity of the will, if any, by which
he is appointed, shall be proved, and the certificate of executor ship shall be
endorsed thereon.
Regulation - 6.
[Wills and recognitions to he registered.] Rep.
Act. XII of 1873.
Regulation - 7. Recognized heirs, etc., competent to manage property.
First. An heir, executor
or administrator, holding the proper certificate, may do all acts and grant all
deeds competent to a legal heir, executor or administrator, and may sue and
obtain judgment in any Court in that capacity.
But recognition gives no title to properly.
Second. But, as the
certificate confers no right to the property, but only indicates the person
who, for the time being, is in the legal management thereof, the granting of
such certificate shall not finally determine nor injure the rights of any
person; and the certificate shall be annulled by the Zilla Court, upon proof
that another person has a preferable right.
Nor relief from responsibility to claimants.
Third. An heir, executor
or administrator, holding a certificate, shall be accountable for his acts done
in that capacity to all persons having an interest in the property, in the same
manner as if no certificate had been granted.
Regulation - 8. Refusal of recognition, no judgment against claim of applicant.
The refusal of a certificate by the Judge shall not
finally determine the rights of the persons whose application is refused, but
it shall still be competent to him to institute a suit for the purpose of
establishing his claim.
CHAPTER II OF THE APPOINTMENT
OF AN ADMINISTRATOR BY THE ZILLA COURT, WHEN THERE IS NO HEIR OF EXECUTOR
COMPETENT AND WILLING TO BE PLACED IN POSSESSION.
or incompetent.
Judge may appoint
administrator.
to be duly
accountable when emergency at end.
Regulation - 9.
When
heir, etc., is present but undetermined.--
Whenever
there is no person on the spot entitled and willing to take charge of the
property of a person deceased, where the right of succession is disputed
between two or more claimants, none of whom has taken possession, or where the
heirs are incompetent to the management of their affairs from infancy, insanity
or other disqualification, and have no near relations entitled and willing to
take charge on their behalf, the Judge, within whose jurisdiction such property
is, may appoint an administrator for the management thereof, until the lawful heir,
executor or administrator appears, or the right of succession is determined, or
the disqualification of the heir is removed, as the case may be, when the
Judge, on being satisfied of the facts, shall direct the administrator in
charge to deliver over the property to such person, with a full account of all
receipts and disbursements during the period of his administration.
Regulation -10. [If heir, etc., unknown, administrator to be appointed, and proclamation issued, and published.
First.--Whenever any person
dies intestate, and without known heirs, leaving property, the Judge, within
whose jurisdiction the property is, shall appoint an administrator for the
management thereof and shall issue a proclamation in the form contained in
Appendix C, calling upon the heir of the deceased or any person entitled to
receive charge of the property; to attend and prefer his claim.
Second.--The proclamation
shall be published, * *
* * and if the deceased was a [resident]
of any district or country without the limits of the Court's jurisdiction, and
the property is of the value of rupees one thousand (1,000) * *
* * * * * * * or upwards, the proclamation shall also be published in the * *
* * [Official
Gazette].
Heirs,
etc., appearing to be put in possession and if no heir appears reference to
Sadr Diwani Adalat, who will, grant time, or order sale and proceeds to be
deposited.
Third.--If any person appears
and satisfies the Judge of his right to the possession of the property or any
part of it as heir, executor, administrator or otherwise, it shall be delivered
up to him after deducting the necessary expenses of management.
Fourth.--But, if no person
appears and establishes his right, the Judge, on the 31st December next after
the completion of twelve months from the appointment of the administrator,
shall make a report of the circumstances of the case to the Sadr Diwani Adalat,
accompanied by an inventory and valuation of the property: and it shall be
lawful for the Sadr Diwani Adalat either to direct the property to continue for
a further period under the management of the administrator, or to be sold by
him under the authority of the Court, and the proceeds to be deposited in the
public treasury for the eventual benefit of all concerned.
Regulation -11. Administrators appointed by Court to give security and to be remunerated at discretion of Judge.
Whenever
an administrator is appointed by the Judge under sections 9 and 10 of this
Regulation, he shall, previously to entering upon the execution of his office,
give security in a sum to be fixed by the Judge for the faithful discharge of
his trust, and he shall be entitled to such remuneration as the Judge may fix
for his trouble, but subject to modification by the Sadr Diwani Adalat, on the
complaint of any person interested.
APPENDIX
A
Form of Proclamation 10 be issued when
a person applies to be recognised as heir, executor or administrator of one
deceased.
PROCLAMATION.
IN THE COURT OF THE
ZILLA OF
Whereas
A.B., inhabitant of..............................., died
at.......................... on or about the day of...........................,
and whereas CD., inhabitant of..............................., has presented an
application to the Judge of the said zilla for the purpose of being formally
recognized as heir [executor or administrator, as the case may be] of the said
A.B., this is to give notice to all persons who may dispute the right of the
said C.D., as heir [executor or administrator, as the case may be] of the said
A.B., to appear in the Court of the said zilla within one month from the date
of this proclamation, there to enter their objections: and it is hereby
declared that if no sufficient objection is offered before the expiration of that
period, the said Judge will forthwith proceed to receive proof of the said
C.D.'s right, and to grant him provided he shall appear entitled thereto, a
certificate of heirship [executorship or administratorship, as the case may be]
of the said A.B., deceased.
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Dated
at
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this
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day
of
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(Signed)
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By
the Judge,
Senior
Assistant Judge,
or
Junior
Assistant Judge.
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APPENDIX
B
Form of Certificate to be granted to
the recognised heir, executor or administrator of one deceased.
IN THE COURT OF THE
ZILLA OF
Whereas
A.B., inhabitant of, died at on or about the day of, and application was made
by CD., inhabitant of, to the Judge of the said Court, to be formally
recognised as heir [executor or administrator, as the case may be] of the said
A.B., and, whereas the usual proclamation having been issued, no sufficient
objection was offered to the right of the said C D., and whereas the said C D.,
thereupon gave proof to the satisfaction of the Court of his right to be
recognized as heir [executor or administrator as the case may be] of the said
A.B.,
This,
therefore, is to certify that the said C.D., is the recognized heir [executor
or administrator] of the said A.B., deceased.
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Dated
at
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this
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day
of
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(Signed)
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By
the Judge,
Senior
Assistant Judge,
or
Junior
Assistant Judge.
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APPENDIX
C
Form of Proclamation to be issued when
a person dies intestate, and without known heirs, leaving property.
PROCLAMATION
IN THE COURT OF THE
ZILLA OF
Whereas
A.B., inhabitant of, died at on or about the day of, leaving the following
property at, within the said zilla, namely, [here specify the property]: and
whereas no will of the said A.B., has been found, nor is it known if he has any
heirs: This is to give notice to all persons claiming to be heirs, or to be
entitled to receive charge of the said property, to attend and prefer their
claim in the said Court, in order that, on such claim being proved, the said
property may be delivered up to them.
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Dated
at
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this
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day
of
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(Signed)
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By
the Judge,
Senior
Assistant Judge,
or
Junior
Assistant Judge.
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