|THE TAMIL NADU ADMINISTRATION OF ESTATES REGULATION (III OF 1802)|
THE TAMIL NADU ADMINISTRATION OF ESTATES REGULATION (III OF 1802)
(Short title, The Madras Administration of Estates Regulation, 1802' " see the repealing and Amending Act, 1901).
Section 1 and the unrepealed part of section 16 of this regulation were declared by the Laws Local Extent Act, 1874 (Central Act XV of 1874)- Section 4 and the Second Schedule " to be in force in the whole of the Presidency of Madras except the territories mentioned in the sixth Schedule to the Act.
This regulation was extended to the Sate of Pudukottai by Section 3 of, and the First Schedule to Madras Act XXXV of 1949.) [I st January, 1802.]
A Regulation for receiving, trying and deciding suits or complaints declared cognizable in the Courts of Adalat established in the several Zil as immediately subject to the Presidency of Fort St. George.
The following rules are enacted for receiving, trying and deciding suits or complaints declared cognized in the Courts of Adalat established in the several Zilas:
2 to 6. [Parties to suits: contents of complaints: procedure in suits.] Rep., Central Act X of 1861.
7. [Provision regarding attendance of witnesses, depositions and exhibits.] Rep., Central Act X of 1861 and III of 1873.
8. [Commitment of witnesses, for perjury ] Rep., Central Act XVII of 1862.
9 and 10. [Judgment and execution of decree: judgment-debtor's subsistence money.] Rep., Central Act X of 1861.
11. [Certain decrees to be transmitted to Collector of Zila and Board of Revenue.] Rep., Central Act XII of 1876.
12 to 15 [Procedure on default of plaintiff or defendant to appear or plead: service of processes.] Rep., Central Act X of 1861.
16. [First clause " Laws applicable to certain classes of suits.] Rep., Central Act III of 1873.
(This clause, so far as it applies to Hindus, was repealed by Mad. Reg V of 1829, Section 2, while so much of it as applies to law-officers has repealed by Mad. Act V of 1867.) [ Second " Executors to Muhammandans and others whose heirs are not disqualified land-holders to take charge of assets and execute trust, Courts not to interfere, except on regular complaint: Procedure on such complaint.- In all cases of Mussulman, or other persons subject to the jurisdiction of the Zila Courts, having at his death left a will, and appointed an executor or executors to carry the same into effect, and in which the heir to the deceased may not be a disqualified landholder subject to the superintendence of the Court of Wards, the executors so appointed are to take charge of the estate of the deceased. And proceed in the execution of their trust according to the will of the deceased and the laws and the usages of the country, with out any application to (The words ˜the judge of the Court of Adalat, or, ˜the word ˜other' and the words under the general rule contained in section V, Regulations, were repeaed by Central Act XII of 1876.) officer of Government for his sanction; and the Courts of Justice are prohibited to interfere in such cases, except on a regular complaint against the executors for a breach of trust, or otherwise, when they are to take cognizance of such complaint, in common with all others of a civil nature, (The words ˜taking the opinion of their law-officer upon any legal exception to the executors, as well as upon the provision to be made for the administration of the estate, in the event of the appointed executor being set aside, and generally upon all law points that may occur and the words and figures' as expounded by his law-officers, subject to any modification enacted by the Governor in Council in the form prescribed by Regulation I,1802.' Were repealed by Central Act XI of 1901, Section 3(2) and the Third Schedule.)
(The rules contained in clauses third, fourth, fifth, sixth and seventh of section 16 have been declared applicable by section 4 of Madras Regulation V of 1829 to the cases of Hindu dying and leaving wills.)
[third-Heirs of intestate or their guardians when not required to apply to Courts for permission to take possession " In case of Hindu, Mussulaman or other person subject to the jurisdiction of the Zila Courts dying intestate, (As to extended the application of this clause and also of the succeeding clauses, see Madras Regulation V of 1829, Section 3.) [but leaving a son or other heir, who by the Laws of the country may be entitled to succeed to the whole estate of the deceased, such heir, if of age, and competent to take the possession and management of the estate, or if under age or incompetent and not under the superintendance of the court of wards, his guardian or nearest of kin, who by special appointment, or by the law and usage of the Country may be authorised act for him is not required to apply to the courts of Justice for permission to take possession of the estates of the deceased, as for as the same can be done without violence; and the Courts of Justice are restriction from interference in such cases, except a regular complaint be preferred (The words ˜when they are to proceed thereupon according to the general regulation' were repealed by Central Act XII of 1876.)
Fourth-More heirs than one to intestate's estate may appoint common manager and take possession: - When right of succession is disputed, security to be taken from party in possession. Failing such security, claimants giving it to be placed in position. " If there be more heirs than one to the estate of a person dying intestate, and they can agree amongst themselves in the appointment of a common manager, they are at liberty to take possession, and the Courts of Justice are restricted from interference, without a regular complaint, as in the case of a single heir, but if the right of succession of the estate be disputed between several claimants, one or more of whom may have taken possession, the judge, on a regular suit being prefered by the party out of possession, shall take good and sufficient security from the party or parties in possession, for his or their compliance with the judgment that may be passed in the suit; or, in default of such security being given, within a reasonable period, may give possessions, until the suit may be determined, to the other claimant or claimants, who may be able to give such security; declaring, at the same time, that such possessions is not in any degree to affect the right of property at issue between the parties, but to be considered merely as an administration to the estate for the benefit of the heirs who may, on investigation, be found entitled to succeed thereto.
Fifth-when Judge may appoint administrator to manage intestate's estate.- Administration when to cease.- In the event of none the claimants to the estate of a person dying intestate being able to give the security required by the preceeding clause, and in all cases wherein there may be no person authorized and willing to take charge of the landed estate of a person deceased the judge within whose jurisdiction such estate may be situated (or in which the deceased may have resided, or the principal part of the estate may lie, in the event of its being situated within two or more jurisdictions) is authorized to appoint an administrator for the due care and management of such estate, until in the former, case, the suit pending between the several claimants shall have been determined, or, in the latter case, until the legal heir to the estate, or other person entitled to receive thereof as executor, administrator or otherwise, shall attend and claim the same; when if the Judge be satisfied that the claim is well founded, or if the same be establised after any enquiry that may appear necessary, the administrator appointed by the Court shall deliver over the estate to him, with a full and just account of all receipts and disbursements during the period of his administration.
Sixth-Security to be taken from administrators appointed under this section. How their allowance is to be fixed.- In all instances of an administrator being appointed under this section he is, previous to entering upon the execution of his office, to give good security for the faithful discharge of his trust, in a sum proportionate to the extent thereof; and the Judge appointing him is authorized to fix for him (Subject to the approbation of the Court of Sadar Adalat, to whom a report is to be made in such instances) an adequate personal allowance to be paid out of the proceeds of the estate, and to be a percentage there upon after deducting the expenses of management.
Seventh-Procedure in case of person dying intestate, leaving unclaimed personal property.- The Judge of the Zila Courts, on receiving information that any person within their respective jurisdictions has died intestate, leaving personal property, and that there is no claimant to such property, are to adopt such measures as may be necessary for the temporary care of the property, and to issue an advertisement, in the current language of the country, requiring the heir of the deceased, or any person entitled to receive charge of his effects, to attend for his purpose; such advertisement to be published on the spot where the property was found, at the Adalat, Kachari of the Zila, and if ascertainable, at the dwelling place of the deceased, (The words ˜or', if the deceased were an European, in the Madras Gazette, were repealed by Central Act XI of 1901, S.3(2) and the Third Schedule.), after which, should any person attend, and satisfy the Judge of his title to the property, or to receive charge thereof as executor, administrator or otherwise the same is to be delivered up to him, on payment of any necessary expense incurred in the care of it.
Should no claim be preferred within the twelve months next ensuring, an inventory of the property, and report of the circumstances of the case, is to be transmitted to the (The words ˜Provincial Government' were substituted for the words Governor in Council by the Adaptation Order of 1937 and the word substituted for ˜Provincial' by the Adaptation Order of 1950.) [State Government] for (This word was substituted for the word ˜his' by the Adaptation Order of 1937.) [their] orders.
17 to 20. [Rules as to be reference of question of fact and law :local investigation, of amins: costs payable by plaintiff: order of suits and cause-list.] Rep.s Central Act X of 1861.
21. [language and character of processes, and payment of peons.] Rep.s Central Act X of 1874.
22 to 26. [Power of court to fine for certain contempts of authority; procedure in case when land proprietors, Government farmers or other persons resist processes.] Rep., Mad. Act II of 1869.
27 to 29. [contents of decrees of Court: form of security bond for attendance of defendants.] Rep. Central Act X of 1861.
|Tamil Nadu State Acts|