Appendix D - Preliminary decree in an administration suit
| Updated at | March 2010 |
(Title)
IT is ordered that the following accounts and inquiries be taken and made; that is to say:--
In creditor's suit--
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That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.
In suits by legatees--
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That an account be taken of the legacies given by the testator's will.
In suits by next-of-kin--
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That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor's suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin.In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first paragraph and such of the others as may be necessary will follow, omitting the first formal words The form is continued as in a creditor's suit.]
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An account of the funeral and testamentary expenses.
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An account of the movable property of the deceased come to the hands of the defendant, or to the hands of any other person by his order or for his use.
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An inquiry what part (if any) of the movable property of the deceased is outstanding and undisputed of.
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And it is further ordered that the defendant do, on or before the day of next, pay into Court all sums of money which shall be found to have come to his hands, or to the hands of any person by his order or for his use.
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And that if the* shall find it necessary for carrying out the objects of the suit to sell any part of the movable property of the deceased, that the same be sold accordingly, and the proceeds paid into Court.
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And that Mr.E.F.be receiver in the suit (or proceeding) and receive and get in all outstanding debts and outstanding movable property of the deceased, and pay the same into the hands of the* (and shall give security by bond for the due performance of his duties to the amount of rupees).
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And it is further ordered that if the movable property of the deceased be found insufficient for carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that is to say--
(a) an inquiry what immovable property the deceased was seized of or entitled to at the time of his death;
(b) in inquiry what are the incumbrances (if any) affecting the immovable property of the deceased or any part thereof;
(c) an account, so far...
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