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(vii) in any other manner fails to discharge the duties of the office.
(2) Any party or, in case the inventory is of orphan’s jurisdiction, the personal
representative, may apply for the removal of the head of family. The court shall then hold a
summary inquiry with a short notice to the head of the family wherein not more than 3
witnesses shall be examined by either side.
(3) When the head of family is removed, another shall be appointed in accordance with
this Act and the provisions of section 376 shall be thereafter complied with.
(4) Where the cause for the removal of the head of the family is his failure to do an act for
which he was duly notified, the head of the family shall be liable to be punished for
disobedience of order of the court as provided in Order XXXIX Rule 2-A of the First
Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
(5) Where the removal takes place after the family auction (licitation), the successful
bidders may apply that the respective assets be delivered to them. The successful bidder
shall be considered to be the head of the family in respect of the assets, which are
delivered to him.
(6) The above provisions shall be applicable to the person who has the duty to collate,
and fails to discharge his duties of special head of the family in respect of the assets which
he has to collate.
385. Discharge of the head of the family from holding office.— (1) The head of the family
may apply that he may be discharged from holding the office :—
(a) when he is seventy years of age or above;
(b) when he is unable to perform his functions properly on the grounds of ill health;
(c) when he resides outside the jurisdiction of the court.
(d) when the functions as head of family are incompatible with the functions of the
public post he is holding.
(2) The application for discharge shall be decided upon a summary inquiry.
CHAPTER XXXVII
HEARINGS
386. Hearings in the inventory proceeding.— (1) All hearings in the inventory proceeding
shall be in open court and a record (roznama) of every hearing shall be maintained.
Whenever the court prepares a chart of partition, preliminary chart of partition or other
document, the same shall be prepared expeditiously and a copy thereof shall be supplied
to the parties or their Advocates, on the next date of hearing.