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).
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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.
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.
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.
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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.