Section 174 of The Navy Act, 1957
For the purpose of the exercise of his or its duties under section 171 or 172, as the case may be, the commanding officer or the Committee of Adjustment, as the case may be, shall, to the exclusion of all other persons and authorities have the same rights and powers as if the commanding officer or the Committee had taken out representation to the estate of the deceased, and any receipt given by such commanding officer or the Committee, as the case may be, shall have effect accordingly. Explanation.--"Representation" includes probate, letters of administration with or without the will annexed and a succession certificate issued by a court of competent jurisdiction constituting a person executor or administrator of the estate of the deceased person or authorising him to receive or realise the assets of a deceased person.
Summary
- This provision gives the commanding officer or a Committee of Adjustment the exclusive legal power to handle a deceased person's estate.
- They act with the exact same authority as if a civil court had officially appointed them to manage the estate.
- Any receipt they issue for collecting money or property is legally valid and binding on all parties.
- The term representation in this context includes official documents like a probate, letters of administration, or a succession certificate.
Practical examples
FAQ
1. Who has the legal right to manage a deceased sailor's property under Section 174 of The Navy Act 1957?
Under Section 174 of The Navy Act 1957, the commanding officer or a Committee of Adjustment has the exclusive legal right to manage the property, shutting out all other persons and authorities.
2. Does the commanding officer need a succession certificate under Section 174 of the 1957 Navy rules?
No, Section 174 of the 1957 Navy rules states that the commanding officer has the same rights as if they had already obtained a succession certificate or probate from a court.
3. What does representation mean in Section 174 of the naval law?
In Section 174 of the naval law, representation means legal documents like probate, letters of administration, or a succession certificate that authorise someone to handle a deceased person's assets.
Test yourself
Q1.Under Section 174 of The Navy Act 1957, what kind of authority does the commanding officer hold over the deceased's estate?
Q2.According to Section 174 of the Indian Navy law, which of the following documents is specifically included in the definition of representation?
Q3.If a commanding officer gives a receipt for collecting a deceased sailor's funds under Section 174 of the 1957 naval statute, what is its legal status?
Q4.Which two entities are granted these exclusive estate management powers under Section 174 of The Navy Act 1957?