Administrator Generals Act, 1913
Act No. III of 1913
[27th February, 1913]
An Act to consolidate and amend the Law relating to the office and duties of Administrator General.
whereas it is expedient to consolidate and amend the law relating to the office and duties of Administrator General ; It is hereby enacted as follows :—
1. Short title, extent and commencement. — (1) This Act may be called the Administrator Generals Act, 1913.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on such date as the Federal Government [may, by notification in the official Gazette], direct.
2. Interpretation clause. In this Act, unless there is anything repugnant in the subject or context,—
(1) "assets" means all the property, movable and immovable, of a deceased person, which is chargeable with, and applicable to, the payment of his debts and legacies, or available for distribution among his heirs and next-of-kin :
(2) "exempted person" means a [Pakistani Christian], a Hindu, Muhammadan, Parsi or Buddhist, or a person exempted under section of the Succession Act, 1925], from the operation of that Act :
(3) "Government" or "the Government" means, in relation to any Province, the Provincial Government
(4) [“Pakistani Christian” means a person domiciled in Pakistan] who is or in good faith claims to be of unmixed Asiatic descent, and who professes any form of the Christian religion :
(5) "letters of administration" includes any letters of administration, whether general or with a copy of the will annexed, or limited in time or otherwise :
(6) "next-of-kin" includes a widower or widow of a deceased person, or any other person who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased :
(8) "prescribed" means prescribed by rules under this Act :
THE OFFICE OF ADMINISTRATOR GENERAL
3. Appointment of Administrators General. — (1) The Provincial Government for each Province shall appoint an Administrator General.
(2) No person shall be appointed to the office of the Administrator General who is not an advocate practicing in a High Court or a person already in the service of the State.
4. Appointment and powers of Deputy Administrators General. The Government may appoint a Deputy or Deputies to assist the Administrator General ; and any Deputy so appointed shall, subject to the control of the Government and the general or special orders of the Administrator General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator General.
5. Administrator General to be a corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name. The Administrator General shall be a corporation sole by the name of the Administrator General of the -»[province] for which he is appointed and, as such Administrator General, shall have perpetual succession and an official seal, and may sue and be sued in Ins corporate name.
RIGHTS, POWERS, DUTIES AND LIABILITIES OF THE ADMINISTRATOR
(a) Grants of Letters of Administration and Probate
6. [As regards Administrator General, High Court to be deemed a Court of competent jurisdiction for the purpose of granting probate or letters of administration.} Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Schedule II.
7. Administrator General entitled to letters of administration, unless granted to next of kin. Any letters of administration, which are granted after the commencement of this Act by the High Court shall be granted to the Administrator General of the [Province] unless they are granted to the next-of-kin of the deceased.
8. Administrator General entitled to letters of administration in preference to creditor, non universal legatee or friends. The Administrator General of the 3 [Province] shall be deemed by all the Courts in the 3 [Province] to have a right to letters of administration other than letters pendent life in preference to that of—
(a) a creditor ; or
(b) a legatee other than an universal legatee ; or
(c) a friend of the deceased.
9. When Administrator General is to administer estates of persons other than exempted persons. If any person, not being an exempted person, has died leaving within any [Province] assets exceeding the value of [ten thousand] rupees, and if 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 [province] for probate of his will, or for letters of administration of his estate, the Administrator General of the Province] in which such assets are shall, subject to any rules made by the 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.
10. Power to direct Administrator General to apply for administration. Whenever any person has died leaving assets within the local limits of the ordinary original civil jurisdiction of [a High Court], the Court, on being satisfied that danger is to be apprehended of misappropriation, deterioration or waste of such assets unless letters of administration of the estate of such person are granted, may upon the application of the Administrator General or of any person interested in such assets or in the due administration thereof, make an order, upon such terms as to indemnifying the Administrator General against costs and other expenses as the Court thinks fit, directing the Administrator General to apply for letters of administration of the estate of such person :
Provided that, in the case of an application being made under this section for letters of administration of the estate of an exempted person, the Court may refuse to grant letters of administration, if it is satisfied that such grant is unnecessary for the protection of the assets ; and in such case the Court shall make such order as to the costs of the application as it thinks fit.
11. Power to direct Administrator General to collect and hold assets until right of succession or administration is determined. — (1) Whenever any person has died leaving assets within the local limits of the ordinary original civil jurisdiction of [a High Court],
and such Court is satisfied that there is no person immediately available, who is legally entitled to the succession to such assets, or that danger is to be apprehended of misappropriation, deterioration or waste of such assets, before it can be determined who may be legally entitled to the succession thereto, or whether the Administrator General is entitled to letters of administration of the estate of such deceased person, the Court may, upon the application of the Administrator General or of any person interested in such assets, or in the due administration thereof, forthwith direct the Administrator General to collect and take possession of such assets, and to hold, deposit, realize, sell or invest the same according to the directions of the Court, and in default of any such directions according to the provisions of this Act so far as the same are applicable to such assets.
(2) Any order of the Court made under the provisions of this section shall entitle the Administrator General,
(a) to maintain any suit or proceeding for the recovery of such assets, and
(b) if he thinks fit, to apply for letters of administration of the estate of such deceased person, and
(c) to retain out of the assets of the estate any fees chargeable under rules made under this Act, and to reimburse himself for all payments made by him in respect of such assets which a private administrator might lawfully have made.
12. Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator General under sections 9, 10, and 11. If, in the course of proceedings to obtain letters of administration under the provisions of section 9, section 10, or section 11, any person appears and establishes his claim—
(a) to probate of the will of the deceased ; or
(b) to letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law,
the Court shall grant probate of the will or letters of administration accordingly, and shall award to the Administrator General the costs of any proceedings taken by him, under those sections to be paid out of the estate as part of the testamentary or intestate expenses thereof.
13. Grant of administration to administrator general in certain cases. If, in the course of proceedings to obtain letters of administration under the provisions of section 9, section 10, or section 11, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next-of-kin of the deceased, within such period as to the Court seems reasonable, or if a person who has established his claim to a grant of letters of administration as next-of-kin of the deceased fails to give such security as may be required of him by law, the Court may grant letters of administration to the Administrator General.
14. Administrator General not precluded from applying for letters with in one month after death. Nothing in this Act shall be deemed to preclude the Administrator General from applying to the Court for letters of administration in any case within the period of one month from the death of the deceased.
(b) Estates of Persons subject to the Army Act or the Air Force Act.
15. [Act not to affect Regimental Debts Act, 1893.} Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Schedule.
16. [Letters of administration not necessary in respect of small estates administered by Administrator General in accordance with the Regimental Debts Act. 1893.} Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981). s. 3 and Schedule II.
17. [Power to Grant Administrator General letters limited to purpose of dealing with assets in accordance with the Regimental Debts Act, 1893.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Schedule.
(c) Revocation of Grants
18. Recall of administrator General’s administration, and grant of probate, etc., to executor or next of kin. If an executor or next-of-kin of the deceased, who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto establishes to the satisfaction of the Court a claim to probate of a will or to letters of administration in preference to the Administrator General, any letters of administration granted in accordance with the provisions of this Act to the Administrator General may be revoked, and probate or letters of administration may be granted to such executor or next-of-kin as the case may be :
Provided that no letters of administration granted to the Administrator General shall be revoked for the cause aforesaid, except in cases in which a will of the deceased is proved in the [Division], unless the application for that purpose is made within six months after the grant to the Administrator General and the Court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made.
19. Cost of obtaining administration, etc., may, on revocation, be ordered to be paid to administrator General out of assets. If any letters of administration granted to the Administrator General in accordance with the provisions of this Act are revoked, the Court may order the costs of obtaining such letters of administration, and the whole or any part of any fees which would otherwise have been payable under this Act, together with the costs of the Administrator General in any proceedings taken to obtain such revocation, to be paid to or retained by the Administrator General out of the estate :
Provided that nothing in this section shall affect the provisions of clause (c) of sub-section (2) of section 11.
20. After revocation, letters granted to administrator General to be deemed as to him to have been violable only. If any letters of administration granted to the Administrator General in accordance with the provisions of this Act are revoked, the same shall, so far as regards the Administrator General and all persons acting under his authority in pursuance thereof, be deemed to have been only violable, except as to any act done by any such Administrator General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void:
Provided that no notice of a will or of any other fact which would render any such letters void shall affect the Administrator General or any person acting under his authority in pursuance of such letters unless, within the period of one month from the. time of giving such notice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without unreasonable delay.
21. Payments made by administrator General prior to revocation. If any letters of administration granted to the Administrator General in accordance with the provisions of this Act arc revoked, upon the grant of probate of a will, or upon the grant of letters of administration with a copy of the will annexed, all payments made or acts done by or under the authority of the Administrator General in pursuance of such letters of administration, prior to the revocation, which would have been valid under any letters of administration lawfully granted to him with a copy of such will annexed, shall be deemed valid notwithstanding such revocation.
22. Administrator General’s petition for grant of letters of administration. Whenever any Administrator General applies for letters of administration in accordance with the provisions of this Act, it shall be sufficient if the petition required to be presented for the grant of such letters states,—
(i) the time and place of the death of the deceased to the best of the knowledge and belief of the petitioner,
(ii) the names and addresses of the surviving next-of-kin of the deceased if known,
(iii) the particulars and value of the assets likely to come into the hands of the petitioner, (iv) Particulars of the liabilities of the estate if known.
23. Name in which probate or letters to be granted. All probates or letters of administration granted to any Administrator General shall be granted to him by that name.
24. Effect of probate or letters granted to administrator General. Probate or letters of administration granted by the High Court to the Administrator General of any Province] shall have effect over all the assets of the deceased throughout such Province], and shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts and all persons delivering up such assets to such Administrator General :
Provided that the High Court may direct, by its grant, that such probate or letters of administration shall have like affect throughout one or more of the other [provinces].
Whenever a grant is made by a High Court to the Administrator General with such effect as last aforesaid, the Court shall send to the other High Courts a certificate that such grant has been made, and such certificate shall be filed by the Courts receiving the same.
25. Transfer by private executor or administrator of interest under probate or letters. — (1) Any private executor or administrator may with p the previous consent of the Administrator General of the Province in which any of the assets of the estate, in respect of which such executor or administrator has obtained probate or letters of administration, are situate, by an instrument in writing under his hand notified in the official Gazette, transfer the assets of the estate vested in him by virtue of such probate or letters to the Administrator General by that name or any other sufficient description.
(2) As from the date of such transfer the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts done before the date of such transfer, and the Administrator General shall have the rights which he would have had, and be subject to the liabilities to which he would have been subject, if the probate or letters of administration, as the case may be, had been granted to him by that name at the date of such transfer.
26. Distribution of assets. — (1) When the Administrator General has given the prescribed notice for creditors and others to send in to him their claims against the estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to distribute the assets or any part thereof in discharge of such lawful claims as he has notice of.
(2) He shall not be liable for the assets so distributed to any person of whose claim he had not notice at the time of such distribution.
(3) No notice of any claim which has been sent in and has been rejected or disallowed in part by the Administrator General shall affect him unless proceedings to enforce such claim are commenced within one month after notice of the rejection or disallowance of such claim has been given in the prescribed manner and unless such proceedings are prosecuted without unreasonable delay.
(4) Nothing in this section shall prejudice the right of any creditor or other claimant to follow the assets or any part thereof in the hands of the persons who may have received the same respectively.
(5) In computing the period of limitation for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor to the Administrator General and the date of the final decision of the Administrator General on such claim shall be excluded.
27. Appointment of official trustee as trustee assets after completion of administration. — (1) When the Administrator General has, so far as may be, discharged all the liabilities of an estate administered by him, he shall notify the fact in the official Gazette, and he may, by an instrument in writing, with the consent of the Official Trustee and subject to any rules made by the Government, appoint the Official Trustee to be the trustee of any assets then remaining in his hands.
(2) Upon such appointment such assets shall vest in the Official Trustee as if he had been appointed trustee in accordance with the provisions of the Official Trustees Act, 1913, and shall be held by him upon the same trusts as the same were held immediately before such appointment.
28. Power for High Court to give directions regarding administration of estate. — (1) The High Court may, on application made to it, give to the Administrator General of the Division any general or special directions as to any estate in his charge or in regard to the administration of any such estate.
(2) Applications under sub-section (1) may be made by the Administrator General or any person interested in the assets or in the due administration thereof.
29. No security nor oath to be required from administrator General. — (1) No Administrator General shall be required by any Court to enter into any administration-bond, or to give other security to the Court, on the grant of any letters of administration to him by that name.
(2) Manner in which petitions to be verified by Administrator General and his Deputy. No Administrator General or Deputy Administrator General shall be required to verify, otherwise than by his signature, any petition presented by him under the provisions of this Act, and, if the facts stated in any such petition are not within the Administrator Generals own personal knowledge, the petition may be subscribed and verified by any person competent to make the verification.
(3) Entry of Administrator General not to constitute notice of a trust. The entry of the Administrator General by that name in the books of a Company shall not constitute notice-of a trust, and a Company shall not be entitled to object to enter the name of the Administrator General on its register by reason only that the Administrator General is a corporation and in dealing with assets the fact that the person dealt with is the Administrator General shall not of itself constitute notice of a trust.
30. Power to examine on oath. The Administrator General may, whenever he desires, for the purposes of this Act, to satisfy himself regarding any question of fact, examine upon oath (which he is hereby authorised to administer) any person who is willing to be so examined by him regarding such question.
31. In what case Administrator General may grant certificate. Whenever any person has died leaving assets within any Province, and the Administrator General of such Province, is satisfied that such assets, excluding any sum of money deposited in a Government Savings Bank, or in any Provident Fund to which the provisions of the [Provident Funds Act, 1925] apply, did not at the date of death exceed in the whole [ten thousand] rupees—in value, he may, after the lapse of one month from the death if he thinks fit, or before the lapse of the said month if he is requested so to do by writing under the hand of the executor or the widow or other person entitled to administer the estate of the deceased, grant to any person, claiming otherwise than as a creditor to be interested in such assets, or in the due administration thereof, a certificate under his hand entitling the claimant to receive the assets therein mentioned left by the deceased, within the [Province] to a value not exceeding in the whole [ten thousand] rupees :
Provided that no certificate shall be granted under this section—
(i) where probate of the deceased’s will or letters of administration of his estate has or have been granted, or
(ii) in respect of any sum of money deposited in a Government Savings Bank or in any Provident Fund to which the provisions of the [provident Funds Act, 1 1925], apply.