# Administration of estate of persons dying intestate

- **Citation:** C.L. No. 3
- **Court:** Allahabad High Court
- **Decided:** 1936-03-14
- **Case number:** C.L. No. 3
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/administration-of-estate-of-persons-dying-intestate-163243
- **Pages:** 1

## Text

199
ii.
Administration of estate of persons dying intestate
G.L. No. 23/M-1 dated 14th March, 1936 (see G.O. No. 2079/VII-235-1935 dated
22nd February, 1936)

There are no provisions in the General Rules (Civil) for expenses connected with
the administration of the immovable property (i.e., pay, etc. of sajawals and peons
appointed for collection work) of person dying intestate. The provision for such expenses
would be found in the concluding portion of section 5 of the Bengal Regulation V of
1799 requiring the expenses to be met from the income of estate.

A District Judge may charge the expenditure incurred on account of payment to
Superintendent of Police for armed police, etc. and traveling allowance of Nazir to his
contingent allotment and make an application for additional grant, if necessary.

As in the case of expenses on immovable property these items of expenditure
though initially met from the contingent grant, should be recovered from the property of
the deceased in case a claim arises and the property has to be restored to him by
Government.
Sale of properties left by persons dying intestate
G.L. No. 2112 dated 23rd July, 1896
Civil courts have no power to direct a sale under section 5 of Bengal Regulation
V of 1799 of immovable property left by a person who has died intestate and without
heirs and held under attachment by the Collector of the district in accordance with the
previous orders of the Judge, as such order is not authorized under the law as contained
in Regulation V of 1799 and Regulation V of 1827. They are bound to hold the estate
under attachment until the legal heir to the estate or other person entitled to receive
charge thereof as executor, administrator or otherwise shall attend and claim the same.
Circumstances may exist under which the only person entitled may be the collector as
representing the State. In such cases the collector ought to make appearance before the
Judge and satisfy him of his claim.
Deposit of security by persons granted letter of administration
C.L. No. 3 dated 31st August, 1906

Some District Judges omit, when granting letters of administration, to cause the
person to whom such grant has been given to furnish proper and adequate security and to
give him the bond required by the imperative provisions of section 291 of the Indian
Succession Act, 1925.
Procedure for obtaining properly stamped succession certificate
G.L. No. 15/47-17(2) dated 26th June, 1944 read with Finance (M) Department
Letter No. M-260/X-508-1942 dated 2nd November, 1943

The letter contains certain executive instructions, framed by the Government,
laying down the procedure in cases where a person voluntarily desires to obtain a
properly stamped succession, certificate under section 382 of the Indian Succession Act,