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Bombay Presidency - Section

Section 11 in Administration of Estates

11. Administrators appointed by Court to give security and to be remunerated at discretion of Judge.-

Whenever an Administrator is appointed by the Judge under sections 9 and 10 of this Regulation, he shall, previously to entering upon the execution of his office, give security in a sum to be fixed by the Judge for the faithful discharge of his trust, and he shall be entitled to such remuneration as the Judge may fix for his trouble, but subject to modification by the Sadr Diwani Adalat, on the complaint of any person interested.Appendix AForm of Proclamation to be issued when a person applies to be recognised as heir, executor or administrator of one deceased.ProclamationIn the Court of the Zilla ofWhereas A. B., inhabitant of ................... died at on or about the ......... day of .................... and whereas C. D., inhabitant of .................................. has presented an application to the Judge of the said zilla for the purpose of being formally recognized as heir [executor or administrator, as the case may be] of the said A. B., this is to give notice to all persons who may dispute the right of the said C. D., as heir [executor or administrator, as the case may be] of the said A. B., to appear in the Court of the said zilla within one month from the date of this proclamation, there to enter their objections; and it is hereby declared that if no sufficient objection is offered before the expiration of that period, the said Judge will forthwith proceed to receive proof of the said C. D.,'s right, and to grant him, provided he shall appear entitled thereto, a certificate of heirship [executorship or administratorship, as the case may be] of the said A. B., deceased.Dated..........this................day of
(Signed) By the Judge,Senior Assistant Judge,orJunior Assistant Judge.
Appendix BForm of Certificate to be granted to the recognised heir, executor or administrator of one deceased.In the Court of the Zilla ofWhereas A. B., inhabitant of died at ............... on or about the day of .............. and application was made by C. D., inhabitant of .............. to the Judge of the said Court, to be formally recognized as heir (executor or administrator, as the case may be] of the said A. B., and, whereas the usual proclamation having been issued, no sufficient objection was offered to the right of the said C. D, and whereas the said C. D., thereupon gave proof to the satisfaction of the Court of his right to be recognized as heir [executor or administrator as the case may be] of the said A. B.,This, therefore, is to certify that the said C. D., is the recognized heir [executor or administrator] of the said A.B., deceased.Dated at..........this................day of
(Signed) By the Judge,Senior Assistant Judge,orJunior Assistant Judge.
Appendix CForm of Proclamation to be issued when a person dies intestate, and without known heirs, leaving property.ProclamationIn the Court of the Zilla ofWhereas A. B., inhabitant of.............. died at.................on or about the........, day of leaving the following property at........... within the said zilla, namely, [here specify the property]; and whereas no will of the said A. B., has been found, nor is it known if he has any heirs: This is to give notice to all persons claiming to be heirs, or to be entitled to receive charge of the said property, to attend and prefer their claim in the said Court, in order that, on such claim being proved, the said property may be delivered up to them.Dated at..........this................day of
Signed) By the Judge,Senior Assistant Judge,orJunior Assistant Judge.