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Section 4

Jurisdiction in respect of small estates

of Small Estates (Distribution) Act 1955

ActIn forceProvision 7 of 52
Section 4

(1)

Save as in this Act otherwise provided, no interest in any small estate shall devolve on or vest in any person by virtue of any instrument other than an order or grant made under this Act.

(2)

The Estate Distribution Officer of the state where a petition has been lodged or in the case of more than one petition has been lodged, the Estate Distribution Officer of the state where the first petition has been lodged, shall have exclusive jurisdiction to deal with the distribution and administration of the whole estate wherever situated:

Provided that where the property is situated partly in one State and partly in another, the President may upon application duly made in that behalf, order that any petition under this Act shall be heard and determined by the Estate Distribution Officer of any other state, whenever it is made to appear that such an order will tend to the general convenience of the parties or witnesses or is otherwise expedient for the ends of justice; and the Estate Distribution Officer shall thereupon

Small Estates (Distribution) 13

have exclusive jurisdiction to order distribution of the estate and, if necessary, to grant letters of administration thereof.

(3)

Any order made by the Director of Lands and Mines or the

President under subsection (2) shall be final and not subject to any appeal.

(4)

A copy of any order made under subsection (2) shall be sent to the applicant and to any Estate Distribution Officer who in the opinion of, the President is affected thereby.

(5)

The Estate Distribution Officer for each state in which is situated any part of the property comprised in an estate in respect of which a petition for distribution has been lodged or a valuation officer shall determine the value of that property, as at the date of lodging the petition, or, if more than one petition has been lodged, as at the date of lodging the earliest petition, and every such valuation shall be conclusive for the purposes of this Act.