Administration of Estates in India Act 1828

JurisdictionUK Non-devolved
Citation1828 c. 33
Anno Regni GEORGII IV. Britanniarum Regis, Nono. An Act to declare and settle the Law respecting the Liability of the Real Estates ofBritish Subjects and others, situate within the Jurisdiction of His Majesty's Supreme Courts in India , as Assets in the Hands of Executors and Administrators, to the Payment of the Debts of their deceased Owners.

(9 Geo. 4) C A P. XXXIII.

[27th June 1828]

'WHEREAS some Doubts have arisen whether, and to what Extent, the Real Estates ofBritish Subjects and others (not being Mahomedans or Gentoos), situate within or being under the Jurisdiction of His Majesty's Supreme Courts of Judicature in India , are liable, as Assets in the Hands of Executors and Administrators, to the Payment of the Debts of their deceased Owners: And Whereas it is expedient that such Doubts should be removed;' Be it therefore and it is hereby declared and enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That whenever anyBritish Subject shall die seised of or entitled to any Real Estate in Houses, Lands, or Hereditaments, situate within or being under the general Civil Jurisdiction of His Majesty's Supreme Courts of Judicature at Fort William in Bengal , Fort Saint George , and Bombay respectively, or whenever any Person (not being a Mahomedan or Gentoo) shall die seised of or entitled to any such Real Estate, situate within the local Limits of the Civil Jurisdiction of the same Courts respectively, such Real Estate of such British Subject or other Person as aforesaid (not being a Mahomedan or Gentoo) is and shall be deemed Assets, in the Hands of his or her Executor or Administrator, for the Payment of his or her Debts, whether by Specialty or Simple Contract, in the ordinary Course of Administration.

S-II Executors may sell such Real Estates for the Payment of Debts.

II Executors may sell such Real Estates for the Payment of Debts.

II. And it is further declared and enacted, That it is and shall be lawful for such Executor or Administrator of suchBritish Subject or other Person as aforesaid (not being a Mahomedan or Gentoo), to sell and dispose of such Real Estate for the Payment of such Debts as aforesaid, and to convey and assure the same Estate to a Purchaser, in as full and effectual a Manner in Law as the Testator or Intestate of such Executor or Administrator could or might have done...

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