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State of Madhya Pradesh - Section

Section 440 in Criminal Courts - Rules and Orders

440.

Whenever a subject of a State specified in the following notification or a person of the European or Anglo-Indian community reputed to possess any property dies, the District Superintendent of Police of the District in which the person has died shall send a report of the death to the District Judge, to enable the latter to take necessary action under the notification or Section 54 of the Administrator-General's Act (III of 1913) as the case may be:-[Government of India, Home Department, Notification No. F. - 620-32-Judicial, dated the 25th July, 1932, as amended by Notification No. 594-36-Judicial, dated the 3rd September, 1936, by Notification No. 164-39-Judicial, dated the 26th October, 1936, by Notification Nos. 187-39-Judicial, dated the 14th December, 1939 and the 27th February, 1940, by Legislative Department Notification No. E-231-11-41-C and G, dated the 27th October, 1941, and by the Home Department Notification No. 141-43-Public (c), dated the 18th August, 1943.]In exercise of the power conferred by Section 57 of the Administrator-General's Act (III of 1913) and in supersessions of the notification of the Government of India in the Home Department No. 270, dated the 11th February, 1903, the Governor-General-in-Council is pleased to direct that where a subject of a State specified in the Schedule hereto annexed dies in India, and it appears that there is no one in 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 of any Consular Officer of such State, be granted to such Consular Officer on such terms and conditions, as the Court may, subject to the following rules, thinks fit to impose, namely:-I. Where the deceased has not left in India any known heirs or testamentary executors, by him appointed, the local authorities, if any, in possession of the property of the deceased, shall at once communicate the circumstances to the nearest Consular Officer of the State of which the deceased was subject in order that the necessary information may be immediately forwarded to persons interested.II. Such Consular Officer shall have the right to appear, personally or by delegate, in all proceedings on behalf of the absent heirs or creditors of the deceased until they are otherwise represented.