THE ADMINISTRATORS-GENERAL ACT, 1963                                                                                                                                        

_______ 

ARRANGEMENT OF SECTIONS                                                                                                            

________ 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II 

THE OFFICE OF THE ADMINISTRATOR-GENERAL 

3. Appointment of Administrator-General. 

4. Appointment and powers of Deputy Administrator-General. 

5. Incorporation. 

CHAPTER III 

RIGHTS, POWERS AND DUTIES OF THE ADMINISTRATOR-GENERAL 

(a) Grant of letters of administration and probate 

6. Jurisdiction of High Court for the whole State. 

7. Administrator-General entitled to letters of administration, unless granted to next-of-kin. 

8.  Administrator-General,  entitled  to  letters  of  administration  in  preference  to  creditors,  certain 

legatees or friends. 

9. Right of Administrator-General to apply for administration of estates. 

10. Power of Administrator-General to collect and hold assets where immediate action is required. 

11.  Grant  of  probate  or  letters  of  administration  to  person  appearing  in  the  course  of  proceedings 

taken by Administrator-General. 

12. Grant of administration to Administrator-General in certain cases. 

13. Administrator-General not precluded from applying for letters within one month after death. 

(b) Revocation of grants 

14.  Recall  of  Administrator-General’s  administration  and  grant  of  probate,  etc.,  to  executor  or        

next-of-kin. 

15.  Cost  of  obtaining  administration,  etc.,  may,  on  revocation,  be  ordered  to  be  paid  to     

Administrator-General out of estate. 

16. After revocation letters granted to Administrator-General to be deemed, as to him, to have been 

voidable only. 

17. Payments made by Administrator-General prior to revocation. 

(c) General 

18. Administrator-General’s petition for grant of letters of administration. 

19. Name in which probate or letters to be granted. 

20. Effect of probate or letters granted to Administrator-General. 

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SECTIONS 

21. [Omitted.] 

22. Transfer by private executor or administrator of interest under probate or letters. 

23. Distribution of assets. 

24. Appointment of Official Trustee as trustee of assets after completion of administration. 

25. Power of High Court to give directions regarding administration of estate. 

26. No security to be required from Administrator-General. 

27. Manner in which petition to be verified by Administrator-General. 

28. Entry of Administrator-General not to constitute notice of a trust. 

CHAPTER IV 

GRANT OF CERTIFICATE 

29. In what cases Administrator-General may grant certificate. 

30. Grant of certificate to creditors and power to take charge of certain estates. 

31. Administrator-General not bound to grant certificate unless satisfied of claimant’s title, etc. 

32. Effect of certificate. 

33. Revocation of certificate. 

34. Surrender of revoked certificate. 

35. Payment to holder of certificate before it is revoked. 

36. Administrator-General not bound to take out administration on account of assets for which he has 

granted certificate. 

37. Transfer of certain assets to executor or administrator in country of domicile for distribution. 

CHAPTER V 

LIABILITY 

38. Liability of Government. 

39. Creditor’s suit against Administrator-General. 

40. Notice of suit not required in certain cases. 

41. Fees. 

42. Disposal of fees. 

CHAPTER VI 

FEES 

CHAPTER VII 

AUDIT OF THE ADMINISTRATOR-GENERAL’S ACCOUNTS 

43. Audit. 

44. Auditors to examine accounts and report to Government. 

45. Power of auditors to summon and examine witnesses, and to call for documents. 

46. Costs of audit, etc. 

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CHAPTER VIII 

MISCELLANEOUS 

SECTIONS 

47. General powers of administration. 

48. Power to summon and examine witnesses. 

49. Power of person beneficially interested to inspect Administrator-General’s account, etc., and take 

copies. 

50. False evidence. 

51. Assets unclaimed for twelve years to be transferred to Government. 

52. Mode of proceeding by claimant to recover principal money so transferred. 

53. Succession Act or Companies Act not to affect Administrator-General. 

54. Savings of provisions of Police Acts for presidency-towns. 

55. Order of court to be equivalent to decree. 

56.  Provision  for  administration  by  Consular  Officer  in  case  of  death  in  certain  circumstances  of 

foreign subject. 

57.  Letters  of  administration  not  necessary  in  respects  of  small  estates  administered  by    

Administrator-General in accordance with certain Acts. 

58.  Powers  to  grant  Administrator-General  letters  limited  for  purpose  of  dealing  with  assets  in 
accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy 
Act, 1957. 

59.  Act  not  to  affect  Army  and  Air  Force  (Disposal  of  Private  Property)  Act,  1950,  or  the  Navy      

Act, 1957. 

60. Saving of provisions of Indian Registration Act, 1908. 

61. Power of Central Government to make rules. 

62. Power of State Government to make rules. 

63. Laying of rules made by Central Government before Parliament. 

64. Repeal and savings. 

3 

 
 
 
THE ADMINISTRATORS-GENERAL ACT, 1963 

ACT NO. 45 OF 1963 

An  Act 

to  consolidate  and  amend 

the 

law  relating 

to 

the  office  and  duties  of          

Administrators-General. 

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:— 

[11th December, 1963.] 

CHAPTER I 
PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Administrators-General 

Act, 1963. 

(2) It extends to the whole of India 1***. 
(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “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; 

(b)  “letters  of  administration”  includes  any  letters  of  administration  whether  general  or  with  a 

copy of the will annexed or limited in time or otherwise; 

(c) “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; 
and 

(d) “prescribed” means prescribed by rules made under this Act. 

CHAPTER II 
THE OFFICE OF THE ADMINISTRATOR-GENERAL 

3.  Appointment  of  Administrator-General.—(1)  The  State  Government  shall  appoint  an 

Administrator-General for the State: 

Provided that nothing herein contained shall be deemed to bar the appointment of the same person as 

Administrator-General for two or more States. 

(2)  No  person  shall  be  appointed  to  the  office  of  Administrator-General  unless  he  has  been  for  at 

least— 

(a) seven years an advocate; or 
(b) seven years an attorney of a High Court; or 
(c) ten years a member of the judicial service of a State; or 
(d) five years a Deputy Administrator-General. 

4. Appointment and powers of Deputy Administrator-General.—(1) The State Government may 
appoint  a  Deputy  or  Deputies  to  assist  the  Administrator-General;  and  any  Deputy  so  appointed  shall, 
subject  to  the  control  of  the  State  Government  and  the  general  or  special  orders  of 
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. 

the           

1. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968). 
2.  1st  March,  1964,  vide  notification  No.  S.O.  588,  dated  11th  February,  1964,  see  Gazette  of  India,  Extraordinary,  Part  II,        

sec. 3(ii). 

4 

 
                                                           
(2) No person shall be appointed as a Deputy under this section unless he has been for at least three 

years— 

(a) an advocate; or 
(b) an attorney of a High Court; or 
(c) a member of the judicial service of a State. 

5.  Incorporation.—The  Administrator-General  shall  be  a  corporation  sole  by  the  name  of 
Administrator-General of the State 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 his corporate name. 

CHAPTER III 

RIGHTS, POWERS AND DUTIES OF THE ADMINISTRATOR-GENERAL 

(a) Grant of letters of administration and probate 

6. Jurisdiction of High Court for the whole State.—So far as regards the Administrator-General of 
any  State,  the  High  Court  shall  be  deemed  to  be  a  Court  of  competent  jurisdiction  for  the  purpose  of 
granting probate or letters of administration under any law for the time being in force, wheresoever within 
the State the estate to be administered is situate: 

Provided  that  nothing  in  this  section  shall  be  construed  as  affecting  the  jurisdiction  of  any  district 

court. 

7.  Administrator-General  entitled 

to 

letters  of  administration,  unless  granted 

to                    

next-of-kin.—Any  letters  of  administration  granted  by  the  High  Court  shall  be  granted  to  the 
Administrator-General of the State unless they are granted to the next-of-kin of the deceased. 

8. Administrator-General, entitled to letters of administration in preference to creditors, certain 
legatees  or  friends.—The  Administrator-General  of  the  State  shall  be  deemed  by  all  the  courts  in          
the  State  to  have  a  right  to  letters  of  administration  other  than  letters  pendente  lite  in  preference  to          
that of— 

(a) a creditor; or 

(b)  a  legatee,  other  than  a  universal  legatee  or  a  residuary  legatee  or  the  representative  of  a 

residuary legatee; or 

(c) a friend of the deceased. 

9. Right of Administrator-General to apply for administration of estates.—(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. 

1. Subs. by Act 33 of 2012, s. 2, for “two lakhs” (w.e.f. 1-7-2012). 

5 

 
                                                           
10.  Power  of  Administrator-General  to  collect  and  hold  assets  where  immediate  action                
is  required.—(1)  Whenever  any  person  has  died  leaving  assets  within  any  State  exceeding                
rupees 1[ten lakhs] in value, and the High Court for that State is satisfied that there is imminent danger of 
misappropriation, deterioration or waste of such assets, requiring immediate action, the High 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— 

(a) to collect and take possession of such assets, and 

(b) to hold, deposit, realise, sell or invest the same according to the directions of the High 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 High Court under sub-section (1) shall entitle the Administrator-General— 

(a) to maintain any suit or proceeding for the recovery of such assets; 

(b) if he thinks fit, to apply for letters of administration of the estate of such deceased person; 

(c) to retain out of the assets of the estate any fees chargeable under rules made under this Act; and 

(d) to reimburse himself for all payments made by him  in respect of such assets which a private 

administrator might lawfully have made. 

11.  Grant  of  probate  or  letters  of  administration  to  person  appearing  in  the  course  of 
proceedings  taken  by  Administrator-General.—If,  in  the  course  of  proceedings  to  obtain  letters  of 
administration under the provisions of section 9 or section 10,— 

(a) any person appears and establishes his claim— 

(i) to probate of the will of the deceased; or 

(ii) to letters of administration as next-of-kin of the deceased, and gives such security as may 

be required of him by law; or 

(b) any person satisfies the High Court that he has taken and is prosecuting with due diligence 
other proceedings for the protection of the estate, the case being one in which the obtaining of such 
probate  or  letters  of  administration  is  not  obligatory  under  the  provisions  of  the  Indian  Succession 
Act, 1925 (39 of 1925); or 

(c) the High Court is satisfied that there is no apprehension of misappropriation, deterioration, or 
waste of the assets and that the grant of letters of administration in such proceedings is not otherwise 
necessary for the protection of the assets, 

 the High Court shall— 

(1)  in  the  case  mentioned  in  clause  (a),  grant  probate  of  the  will  or  letters  of  administration 

accordingly; 

(2) in the case mentioned in clause (b) or clause (c), drop the proceedings; and 

(3) in all the cases 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  interstate  expenses 
thereof. 
12.  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 or section 10, and within 
such period as to the High Court seems reasonable, 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,  or  satisfies  the  High 
Court that he has taken and is prosecuting with due diligence other proceedings for the protection of the 
estate,  the  case  being  one  in  which  the  obtaining  of  such  probate  or  letters  of  administration  is  not 
obligatory under the provisions of the Indian Succession Act, 1925 (39 of 1925), and the High Court is 

1. Subs. by Act 33 of 2012, s. 2, for “two lakhs” (w.e.f. 1-7-2012). 

6 

 
                                                           
satisfied  that there is  apprehension  of  misappropriation,  deterioration,  or  waste  of  the  assets  or that the 
grant  of  letters  of  administration  in  such  proceedings  is  other  wise  necessary  for  the  protection  of  the 
assets; 

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 High Court may grant letters of administration to the Administrator-General. 

13.  Administrator-General  not  precluded  from  applying  for  letters  within  one  month  after 
death.—Nothing in this Act shall be deemed to preclude the Administrator-General from applying to the 
High Court for letters of administration in any case within the period of one month from the death of the 
deceased. 

(b) Revocation of grants 

14. 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  High  Court  a  claim  to  probate  of  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— 

(a) shall be revoked, if a will of the deceased is proved in the State; 

(b) may be revoked, in other cases, if an application for that purpose is made within six months 
after  the  grant  to  the  Administrator-General  and  the  High  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; 

and probate or letters of administration may be granted to such executor or next-of-kin, as the case may 
be. 

15.  Cost  of  obtaining  administration,  etc.,  may,  on  revocation,  be  ordered  to  be  paid  to 

Administrator-General  out  of  estate.—If  any 
the          
Administrator-General  in  accordance  with  the  provisions  of  this  Act  are  revoked,  the  High  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: 

letters  of  administration  granted 

to 

Provided  that  nothing  in  this  section  shall  affect  the  provisions  of  clauses  (c)  and  (d)  of                        

sub-section (2) of section 10. 

16. After revocation letters granted to Administrator-General to be deemed, as to him, to have 
been voidable 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 voidable, 
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. 

17.  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  are 
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 

7 

 
any letters of administration lawfully granted to him with a copy of such will annexed, shall be deemed 
valid notwithstanding such revocation. 

(c) General 

18.  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. 

19.  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. 

20.  Effect  of  probate  or  letters  granted  to  Administrator-General.—(1)  Probate  or  letters  of 
administration granted by the High Court to the Administrator-General of any State shall have effect over 
all  the  assets  of  the  deceased  throughout  1[India]  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. 

(2)  Whenever  a  grant  of  probate  or  letters  of  administration  is  made  by  a  High  Court  to  the 
Administrator-General, the High Court shall send to the High Courts for the other States a certificate that 
such grant has been made, and such certificate shall be filed by the High Court receiving the same. 

2[(3) Any probate or letters of administration granted by the High Court for the State of Jammu and 
Kashmir* before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 
shall, after such commencement, be as effective as if such probate or letters of administration had been 
granted under this section.] 

21.  [Effect  of  grant  by  the  High  Court  of  Jammu  and  Kashmir.]  Omitted  by  the  Central  Laws 

(Extension to Jammu and Kashmir) Act 1968 (25 of 1968), s. 2 and the Schedule (w.e.f. 15-8-1968). 

22. Transfer by private executor or administrator of interest under probate or letters.—(1) Any 
private  executor  or  administrator  may,  with  the  previous  consent  of  the  Administrator-General  of  the 
State  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. 

23. Distribution of assets.—(1) When the Administrator-General has given the prescribed notice to 
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) The Administrator-General shall not be liable for the assets so distributed to any person of whose 

claims he had no notice at the time of such distribution. 

1. Subs. by Act 25 of 1968, s. 2 and the Schedule, for “the territories to which this Act extends” (w.e.f. 15-8-1968). 
2. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-8-1968). 
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

8 

 
                                                           
(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 
or  other  claimant 
Administrator-General on such claim shall be excluded. 

to  the  Administrator-General  and 

the  final  decision  of 

the  date  of 

the               

24. Appointment of Official Trustee as trustee of 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 State 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 (2 of 1913), and shall be held 
by him upon the same trusts as the same were held immediately before such appointment. 

25. Power of High Court to give directions regarding administration of estate.—The High Court 
may, on application made to it by the Administrator-General or any person interested in the assets or in 
the  due  administration  thereof,  give  to  the  Administrator-General  of  the  State  any  general  or  special 
directions as to any estate in his charge or in regard to the administration of any such estate. 

26. No security to be required from Administrator-General.—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. 

27.  Manner 

in  which  petition 

to  be  verified  by  Administrator-General.—No             

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 his own 
personal  knowledge,  the  petition  may  be  subscribed  and  verified  by  any  person  competent  to  make 
verification. 

28.  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 entering 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. 

CHAPTER IV 
GRANT OF CERTIFICATE 

29.  In  what  cases  Administrator-General  may  grant  certificate.—(1)  Whenever  any  person  has 
died  leaving  assets  within  any  State  and  the  Administrator-General  of  such  State  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 (19 of 1925), apply, did not at the date of death 
exceed in the whole 1[ten lakhs] rupees in value, he may 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 State, to a 
value not exceeding in the whole 1[ten lakhs] rupees. 

(2)  No  certificate  under  this  section  shall  be  granted  before  the  lapse  of  one  month  from  the  death 
unless before the lapse of the said one month the Administrator-General is requested so to do by writing 

1. Subs. by Act 33 of 2012, s. 2, for “two lakhs” (w.e.f. 1-7-2012). 

9 

 
                                                           
under  the  hand  of  the  executor  or  the  widow  or  other  person  entitled  to  administer  the  estate  of  the 
deceased and he thinks fit to grant it. 

(3) 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, 1925 (19 of 1925), apply. 

Uttar Pradesh 

STATE AMENDMENTS 

Amendment of section 29 of Act no. 45 of 1963.—In section 29 of the Administrators-General Act, 
1963,  in  sub-section  (1)  for  the  words  “two  lakhs  rupees”  wherever  occurring  the  words  “ten  lakhs 
rupees” shall be substituted. 

[Vide the Uttar Pradesh Act 18 of 2011, s. 2] 

30. Grant of certificate to creditors and power to take charge of certain estates.—(1) If, in cases 
falling within section 29, no person claiming to be interested otherwise than as a creditor in such assets or 
in the due administration thereof obtains, within three months of the death of the deceased, a certificate 
from the Administrator-General under that section, or probate of a will or letters of administration of the 
estate  of  the  deceased,  the  Administrator-General  may  administer  the  estate  without  letters  of 
administration, in the same manner as if such letters had been granted to him. 

(2)  If  the  Administrator-General  neglects  or  refuses  to  administer  such  estate,  he  shall,  upon  the 
application  of  a  creditor,  grant  a  certificate  to  him  in  the  same  manner as if  he were interested in such 
assets otherwise than as a creditor; and such certificate shall have the same effect as a certificate granted 
under  the  provisions  of  section  29,  and  shall  be  subject  to  all  the  provisions  of  this  Act  which  are 
applicable to such certificate. 

(3)  The  Administrator-General  may,  if  he  thinks  fit,  before  granting  a  certificate  under                    

sub-section (2), require the creditor to give reasonable security for the due administration of the estate of 
the deceased. 

31.  Administrator-General  not  bound  to  grant  certificate  unless  satisfied  of  claimant’s  title, 
etc.—The Administrator-General shall not be bound to grant any certificate under section 29 or section 30 
unless he is satisfied after making such inquiry as he thinks fit of the title of the claimant and of the value 
of the assets left by the deceased within the State. 

32.  Effect  of  certificate.—The  holder  of  a  certificate  granted  in  accordance with  the  provisions  of 
section 29 or section 30 shall have in respect of the assets specified in such certificate the same powers 
and  duties,  and  be  subject  to  the  same  liabilities  as  he  would  have  had  or  been  subject  to  if  letters  of 
administration had been granted to him: 

Provided that nothing in this section shall be deemed to require any person holding such certificate,— 

(a)  to  file  accounts  or  inventories  of  the  assets  of  the  deceased  before  any  court  or  other    

authority; or 

(b) save as provided in section 30, to give any bond for the due administration of the estate. 

33.  Revocation  of  certificate.—(1)  The  Administrator-General  may  revoke  a  certificate  granted 

under the provisions of section 29 or section 30 on any of the following grounds, namely:— 

(i) that the certificate was obtained by fraud or misrepresentation made to him; 

(ii) that the certificate was obtained by means of an untrue allegation of a fact essential in law to 

justify the grant though such allegation was made in ignorance or inadvertently. 

(2)  No  certificate  shall  be  revoked  under  this  section  unless  the  holder  of  the  certificate  has  been 

given a reasonable opportunity of showing cause why the certificate should not be so revoked. 

10 

 
34.  Surrender  of  revoked  certificate.—(1)  When  a  certificate  is  revoked  in  accordance  with  the 
provisions of section 33, the holder thereof shall, on the requisition of the Administrator-General, deliver 
it up to such Administrator-General, but shall not be entitled to the refund of any fee paid thereon. 

(2) If such person wilfully and without reasonable cause omits to deliver up the certificate, he shall be 
punishable with imprisonment which may extend to three months, or with fine which may extend to one 
thousand rupees, or with both. 

35.  Payment  to  holder  of  certificate  before  it  is  revoked.—When  a  certificate  is  revoked  in 
accordance with the provisions of section 33, all payments made in good faith under such certificate to the 
holder thereof before such revocation, shall, notwithstanding such revocation, be a legal discharge to the 
person making the payment and the holder of such certificate may retain, and reimburse himself in respect 
of,  any  payments  made  by  him  which  the  person  to  whom  a  certificate  or  probate  or  letters  of 
administration may afterwards be granted might lawfully have made. 

36. Administrator-General not bound to take out administration on account of assets for which 
he  has  granted  certificate.—The  Administrator-General  shall  not  be  bound  to  take  out  letters  of 
administration of the estate of any deceased person on account of the assets in respect of which he grants 
any  certificate  under  section  29  or  section  30,  but  he  may  do  so  if  he  revokes  such  certificate  under 
section 33, or ascertains that the value of the estate exceeded 1[ten lakhs] rupees. 

37.  Transfer  of  certain  assets  to  executor  or  administrator  in  country  of  domicile  for 

distribution.—Where— 

(a) a person not having his domicile in any State  2[in India] has died leaving assets in any State 

and in the country in which he had his domicile at the time of his death, and 

(b) proceedings for the administration of his estate with respect to assets in any such State have 

been taken under section 29 or section 30, and 

(c) there has been a grant of administration in the country of domicile, with respect to the assets 

in that country, 

the holder of the certificate granted under section 29 or section 30, or Administrator-General, as the case 
may be, after having given the prescribed notice for creditors and others to send in to him their claims 
against  the  estate  of  the  deceased,  and  after  having  discharged,  at  the  expiration  of  the  time  there  in 
named, such lawful claims as he has notice of, may, instead of himself distributing any surplus or residue 
of the deceased’s property to persons residing out of India 3*** who are entitled thereto, transfer, with the 
consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or 
residue to him for distribution to those persons. 

CHAPTER V 
LIABILITY 

38. Liability of Government.—The Government shall be liable to make good all sums required to 
discharge  any  liability  which  the  Administrator-General,  if  he  were  a  private  administrator,  would  be 
personally liable to discharge, except when the liability is one to which neither the Administrator-General 
nor any of his officers has in any way contributed, or which neither he nor any of his officers could, by 
the exercise of reasonable diligence, have averted, and in either of those cases the Administrator-General 
shall not, nor shall the Government, be subject to any liability. 

39. Creditor’s suit against Administrator-General.—(1) If any suit be brought by a creditor against 
any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that 
not  less  than  one  month  previous  to  the  institution  of  the  suit  he  had  applied  in  writing  to  the 
Administrator-General, stating the amount and other particulars of his claim, and had given such evidence 
in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled 
to require. 

1. Subs. by Act 33 of 2012, s. 2, for “two lakhs” (w.e.f. 1-7-2012). 
2. Subs. by Act 25 of 1968, s. 2 and the Schedule, for “to which this Act extends” (w.e.f. 15-8-1968). 
3. The words “or in the State of Jammu and Kashmir” omitted by s. 2 and the Schedule, ibid. (w.e.f. 15-8-1968). 

11 

 
                                                           
(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured 
creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the 
assets of the deceased equally and rateable with the other creditors. 

40.  Notice  of  suit  not  required  in  certain  cases.—Nothing  in  section  80  of  the  Code  of  Civil 
Procedure, 1908 (5 of 1908), shall apply to any suit against the Administrator-General in which no relief 
is claimed against him personally. 

CHAPTER VI 
FEES 

41. Fees.—(1) There shall be charged in respect of the duties of the Administrator-General such fees, 

whether by way of percentage or otherwise, as may be prescribed by the State Government. 

(2) The fees under this section may be at different rates for different estates or classes of estates or for 
different duties, and shall, so far as may be, be arranged so as produce an amount sufficient to discharge 
the salaries and all other expenses incidental to the working of this Act, (including such sum as the State 
Government may determine to be required to insure the Government against loss under this Act). 

42.  Disposal  of  fees.—(1)  Any  expenses  which  might  be  retained  or  paid  out  of  any  estate  in  the 
charge of the Administrator-General, if he were a private Administrator of such estate shall be so retained 
or paid and the fees described under section 41 shall be retained or paid in like manner as and in addition 
to such expenses. 

(2) The  Administrator-General  shall transfer  and  pay  to  such  authority  in  such manner  and  at such 
time as the State Government may prescribe, all fees received by him under this Act, and the same shall 
be carried to the account and the credit of the Government. 

CHAPTER VII 
AUDIT OF THE ADMINISTRATOR-GENERAL’S ACCOUNTS 

43. Audit.—The accounts of every Administrator-General shall be audited at least once annually and 
at  any  other  time  if  the  State  Government  so  directs,  by  the  prescribed  person  and  in  the  prescribed 
manner. 

44.  Auditors  to  examine  accounts  and  report  to  Government.—The  auditors  shall  examine  the 
accounts and forward to the State Government a statement thereof in the prescribed form, together with a 
report thereon and a certificate signed by them showing— 

(a) whether the accounts have been audited in the prescribed manner; 

(b)  whether,  so  far  as  can  be  ascertained  by  such  audit,  the  accounts  contain  a  full  and  true 

account of everything which ought to be inserted therein; 

(c)  whether  the  books  which  by  any  rules  made  under  this  Act  are  directed  to  be  kept  by  the 

Administrator-General, have been duly and regularly kept; and 

(d)  whether  the  assets  and  securities  have  been  duly  kept  and  invested  and  deposited  in  the 

manner prescribed by this Act, or by any rules made thereunder; 

or (as the case may be) that such accounts are deficient, or that the Administrator-General has failed to 
comply  with  this  Act  or  the  rules  made  thereunder,  in  such  respects  as  may  be  specified  in  such 
certificate. 

45. Power of auditors to summon and examine witnesses, and to call for documents.—(1) Every 

auditor  shall  have  all 
Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:— 

in  a  civil  court  under 

the  powers  vested 

the  Code  of  Civil                             

(a) summoning and enforcing the attendance of witnesses and examining them on oath; 

(b) discovery and inspection; 

(c) compelling the production of documents; and 

12 

 
(d) issuing commissions for the examination of witnesses. 

(2) Any person who when summoned refuses, or, without reasonable cause, neglects to attend or to 
produce any document or thing or attends and refuses to be sworn, or to be examined, shall be deemed to 
have committed an offence within the meaning of, and punishable under, section 188 of the Indian Penal 
Code  (45  of  1860),  and  the  auditor  shall  report  every  case  of  such  refusal  or  neglect  to  the  State 
Government. 

46.  Costs  of  audit,  etc.—The  costs  of  and  incidental  of  such  audit  and  examination  shall  be 
determined  in  accordance  with  rules  made  by  the  State  Government,  and  shall  be  defrayed  in  the 
prescribed manner. 

CHAPTER VIII 
MISCELLANEOUS 

47. General powers of administration.—The Administrator-General may, in addition to, and not in 

derogation of, any other powers of expenditure lawfully exercisable by him, incur expenditure— 

(a)  on  such  acts  as  may  be  necessary  for  the  proper  care  and  management  of  any  property 

belonging to any estate in his charge; and 

(b) with the sanction of the High Court, on such religious, charitable and other objects, and on 

such improvements, as may be reasonable and proper in the case of such property. 

48. Power to summon and examine witnesses.—(1) The Administrator-General may, whenever he 
desires,  for  the  purposes  of  this  Act,  to  satisfy  himself  regarding  any  question  of  fact,  exercise  all  the 
powers vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in 
respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of witnesses and examining them on oath; 

(b) discovery and inspection; 

(c) compelling the production of documents; and 

(d) issuing commissions for the examination of witnesses. 

(2) The provisions of sub-section (2) of section 45 shall apply in relation to a person summoned by 
the Administrator-General under this section as they apply in relation to a person summoned under that 
section. 

49.  Power  of  person  beneficially  interested  to  inspect  Administrator-General’s  account,  etc., 
and take copies.—Any person interested in the administration of any estate which is in the charge of the      
Administrator-General shall, subject to such conditions and restrictions as may be prescribed, be entitled 
at all reasonable times to inspect the accounts relating to such estate and the reports and certificates of the 
auditor, and on payment of the prescribed fee, to copies thereof and extracts therefrom. 

50. False evidence.—Whoever, during any examination authorised by this Act, makes upon oath a 
statement which is false and which he either knows or believes to be false or does not believe to be true, 
shall be deemed to have intentionally given false evidence in a stage of a judicial proceeding. 

51. Assets unclaimed for twelve years to be transferred to Government.—All assets in the charge 
of  the  Administrator-General  which  have  been  in  his  custody  for  a  period  of  twelve  years  or  upwards, 
whether  before  or  after  the  commencement  of  this  Act,  without  any  application  for  payment  thereof 
having been made and granted by him shall be transferred, in the prescribed manner, to the account and 
credit of the Government: 

Provided that this section shall not authorise the transfer of any such assets as aforesaid, if any suit or 

proceeding is pending in respect thereof in any court. 

52. Mode of proceeding by claimant to recover principal money so transferred.—(1) If any claim 
is hereafter made to any part of the assets transferred to the account and credit of the Government under 
the provisions of this Act, or any Act hereby repealed, and if such claim is established to the satisfaction 
of the prescribed authority, the State Government shall pay to the claimant the amount of the principal so 

13 

 
transferred to its account and credit or so much thereof as has been found by the said authority to be due 
to the claimant. 

(2)  If  the  claim  is  not  established  to  the  satisfaction  of  the  prescribed  authority,  the  claimant  may, 
without  prejudice  to  his  right  to  take  any  other  proceedings  for  the  recovery  of  such  assets,  apply  by 
petition to the High Court against the State Government and such Court, after taking such evidence as it 
thinks fit, shall make such order in regard to the payment of the whole or any part of the said principal 
sum as it thinks fit, and such order shall be binding on all parties to the proceedings. 

(3) The High Court may further direct by whom the whole or any part of the costs of each party shall 

be paid. 

53.  Succession  Act  or  Companies  Act  not  to  affect  Administrator-General.—Nothing 
contained in the Indian Succession Act, 1925 (39 of 1925), or the Companies Act, 1956 (1 of 1956), shall 
be taken to supersede or affect the rights, duties and privileges of any Administrator-General. 

54. Savings of provisions of Police Acts for presidency-towns.—Nothing contained in the Indian 
Succession Act, 1925 (39 of 1925), or in this Act, shall be deemed to affect, or to have affected, any law 
for the time being in force relating to the movable property under four hundred rupees in value of persons 
dying  interstate  within  any  of  the  presidency-towns  which  shall  be  or  has  been  taken  charge  of  by  the 
police for the purpose of safe custody. 

55. Order of court to be equivalent to decree.—Any order made under this Act by any court shall 

have the same effect as a decree. 

56. Provision for administration by Consular Officer in case of death in certain circumstances 
of  foreign  subject.—Notwithstanding  anything  in  this  Act,  or  in  any  other  law  for  the  time  being  in 
force, the Central Government may, by general or special order, direct that, where a subject of a foreign 
State dies in 1[India], and it appears that there is no one in 2[India], other than the Administrator-General, 
entitled  to  apply  to  a  court  of  competent  jurisdiction  for  letters  of  administration  of  the  estate  of  the 
deceased, letters of administration shall, on the application to such court by any Consular Officer of such 
foreign State, be granted to such Consular Officer on such terms and conditions as the Court may, subject 
to any rules made in this behalf by the Central Government, thinks fit to impose. 

57.  Letters  of  administration  not  necessary  in  respects  of  small  estates  administered  by  
Administrator-General  in  accordance  with  certain  Acts.—It  shall  not  be  necessary  for  the 
Administrator-General to take out letters of administration of the estate of any deceased person which is 
being  administered  by  him  in  accordance  with  the  provisions  of  the  Army  and  Air  Force  (Disposal  of 
Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957), if the value of such estate 
does not, on the date when such administration is committed to him, exceed rupees two thousand, but he 
shall have the same power in regard to such estate as he would have had if letters of administration had 
been granted to him. 

58. Powers to grant Administrator-General letters limited for purpose of dealing with assets in 
accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 
1957.—If the Administrator-General applies in accordance with the provisions of the Army and Air Force 
(Disposal of Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957), for letters of 
administration of the estate of any person subject to the Army Act, 1950 (46 of 1950), or the Air Force 
Act,  1950  (45  of  1950),  or  the  Navy  Act,  1957,  the  Court  may  grant  to  him  letters  of  administration 
limited to the purpose of dealing with such estate in accordance with the provisions of the Army and Air 
Force (Disposal or Private Property) Act, 1950, or, as the case may be, the Navy Act, 1957. 

59. Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy 
Act,  1957.—Nothing  in  this  Act  shall  be  deemed  to  affect  the  provisions  of  the  Army  and  Air  Force 
(Disposal of Private Property) Act, 1950 (40 of 1950), or the Navy Act, 1957 (62 of 1957). 

1. Subs. by Act 25 of 1968, s. 2 and the Schedule, for “the territories to which this Act extends” (w.e.f. 15-8-1968). 
2. Subs. by s. 2 and the Schedule, ibid., for “the said territories” (w.e.f. 15-8-1968). 

14 

 
                                                           
60. Saving of provisions of Indian Registration Act, 1908.—Nothing in this Act shall be deemed to 

affect the provisions of the Indian Registration Act, 1908 (16 of 1908). 

61. Power of Central Government to make rules.—The Central Government may, by notification 
in the Official Gazette, make rules as to the terms and conditions on which letters of administration may 
be granted to Consular Officers under section 56. 

62. Power of State Government to make rules.—(1) The State Government may, by notification in 
the  Official  Gazette,  make  rules  for  carrying  out  the  purposes  of  this  Act,  and  for  regulating  the 
proceedings of the Administrator-General. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a) the accounts to be kept by the Administrator-General and the audit and inspection thereof; 

(b) the safe custody, deposit and investment of assets and securities which come into the hands of 

the Administrator-General; 

(c) the remittance of sums of money in the hands of the Administrator- General in cases in which 

such remittances are required; 

(d) subject to the provisions of this Act, the fees to be paid under this Act and the collection and 

accounting for any such fees; 

(e) the statements, schedules and other documents to be submitted to the State Government or to 

any other authority by the Administrator-General, and the  publication thereof; 

(f) the realization of the cost of preparing any such statements, schedules or other documents; 

(g) the manner in which and the person by whom the costs of and incidental to any audit under 

the provisions of this Act are to be determined and defrayed; 

(h) the manner in which summonses issued under this Act are to be served and the payment of the 
expenses  of  any  person  summoned  or  examined  under  the  provisions  of  this  Act,  and  of  any 
expenditure incidental to such examination; and 

(i) any other matter which is required to be, or may be, prescribed under this Act. 

1[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it 

is made before the State Legislature.] 

63. Laying of rules made by Central Government before Parliament.—Every rule made by the 
Central Government under this Act shall be laid, as soon as may be after it is made, before each House of 
Parliament while it is in session for a total period of thirty days, which may be comprised in one session 
or 2[in two or more successive sessions, and if, before the expiry of the session immediately following the 
session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or 
both  Houses  agree  that  the  rule  should  not  be  made,  the  rule  shall  thereafter  have  effect  only  in  such 
modified form or be of no effect, as the case may be; so however that any such modification or annulment 
shall be without prejudice to the validity of anything previously done under that rule. 

64.  Repeal  and  savings.—(1)  The  Administrator-General’s  Act,  1913  (3  of  1913),  is  hereby 

repealed. 

(2)  Without  prejudice 

to 

the  generality  of 

the  provisions  of 

the  General  Clauses                                        

Act,  1897  (10  of  1897),  relating  to  the  effect  of  repeals,  the  repeal  effected  by  this  section  shall  not     
affect the incorporation of any person holding the office of Administrator-General at the commencement 
of this Act. 

1. Ins. by Act 18 of 1983, s. 3 (w.e.f. 26-8-1983). 
2. Subs. by s. 4, ibid., for certain words (w.e.f. 26-8-1983). 

15 

 
                                                           
(3)  Notwithstanding  anything  contained  in  this  section,  the  provisions  of  section  59B  of  the 
Administrator-General’s  Act,  1913  (3  of  1913),  shall  continue  to  apply  as  if  that  Act  had  not  been 
repealed. 

16 

 
