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388. Proceeding in absentia.—The inventory shall proceed in the absence of the parties who, after having received the first summon or notice of the proceeding, do not attend the Court personally or through their advocates and said parties shall not be entitled to any further notice of any stage of the proceeding. However, such parties, who reside within the jurisdiction of the Court, shall be given notice of the licitation and homologation at the registered address. Unless after the service of summon, a party files a memo of his registered address within the jurisdiction of the court, which is different from the address given by the head of the family, the latter shall be deemed to be registered address of the party. Where a party files a registered address, he shall state the house number, street name, ward name, village or city. 389. Parties under disability.— (1) A party under disability shall be represented in the inventory by his natural guardian. A guardian ad-litem shall be appointed to represent a party under disability only when his natural guardian representative has an adverse interest. (2) A curator ad-litem shall also be appointed to represent a party absent at an unknown place, when the said party does not put in appearance or when no curator has been earlier appointed to look after his interest. (3) When the party under disability can be represented by his parents, no family council shall be appointed and its functions shall be performed by the parents. (4) Where the inventory proceeding are concluded and it is necessary to make a provision for the management of the assets allotted to a person absent at unknown place, the said assets shall be entrusted to the curator ad-litem who has been already appointed, upon his furnishing a security, when deemed necessary. Such curator shall have powers to manage the assets only and has the duty to act as a prudent man and he shall render accounts every year. (5) Where a personal representative is already appointed by a competent court under a special law, such personal representative shall be personal representative for the inventory proceeding. Where such personal representative has an adverse interest to such party, the court shall appoint a guardian ad-litem. (6) Where the disability arises from insanity, the insanity shall be proved by a certificate issued by the Director of any Institute of Psychiatry and Human Behaviour, where the party is an internee of such an Institute. In other cases, the insanity shall be proved by certificate issued by two Psychiatrists or by referring the concerned party to the nearest Institute of Psychiatry and Human Behaviour. 390. Discharge of guardian, etc.— (1) When the guardian, guardian ad-litem, curator ad-litem, member of the family council, or the administrator wishes to be discharged as such, he shall present an application giving the grounds for seeking discharge and file a list of witnesses and documents on which he relies.
(2) The court shall, after recording evidence, if necessary, and hearing the parties, pass appropriate orders. 391. Discharge or removal of guardian, etc.—(1) Any member of the family council, or relative or the guardian up to the sixth degree, may apply on grounds set out in the application that the guardian be discharged or removed from office. (2) The respective guardian shall be given notice to give his say and upon hearing the parties the Court shall pass appropriate orders. 392.Composition of the Family Council.— (1) The family council shall consist of three members, wherever possible, one from the paternal side, second from the maternal side and third one from either side. (2) The members of the family council shall be chosen from amongst the relatives of the person under disability having regard to the proximity of relationship, friendship, qualities, age, residence and interest shown by them in the person under disability. (3) The family council may be reconstituted when a relative with better rights applies to the court that he be included in substitution of another member. All resolutions and actions taken earlier by the previous family council shall be saved. (4) Where there is a conflict of interest between the person under disability and the natural guardian, spouse or ascendants or descendants, the person under disability shall be represented by a guardian ad litem appointed by the court. 393. Death of moiety holder or heir during the pendency of the proceeding.— (1) Inventory proceeding shall not abate by reason of death of the moiety holder or any heir. (2) Where the moiety holder or any heir dies before the final disposal of the inventory, the head of the family shall make an application to bring the heirs of the deceased on record, and after a supplementary declaration of the head of the family is recorded, summon shall be served on the persons proposed to be made parties. (3) Both the persons summoned and the parties notified may dispute the status of the persons as heir sought to be impleaded, on or before the next date of hearing. (4) If no such dispute is raised, the persons indicated by the head of the family shall be considered as heirs, without prejudice to the provisions of section 395. (5) Where any creditor or legatee served with summon in the inventory proceeding dies, his heirs may make an application to get themselves impleaded by following the procedure prescribed in section 395.
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LEGISLATIVE ASSEMBLY OF THE STATE O
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ACCEPTANCE AND RENUNCIATION OF THE
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CHAPTER IX PREFERENTIAL RIGHT OF TH
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Section 161. Manner and place of de
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Section 239. Failure to present the
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BOOKS, INDICES AND FIRE PROOF BOXES
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CIVIL LIABILITY OF THE SPECIAL NOTA
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Section 401. When co-heirs are call
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Section 456. Fixation of the amount
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(f) “estate leaver” means the p
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5. Types of successors: Heirs and l
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(3) Upon conviction as provided in
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26. Acceptance or renunciation by o
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(c) more than half of the inheritan
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(2) Where the usufruct is in respec
Page 31 and 32:
63. Right of representation.—The
Page 33 and 34:
spouse irrespective of their matrim
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(2) The value of the gifted assets
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inheritance, the excess shall be re
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legatees, unless the testator has i
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128. Brothers or sisters generally
Page 43 and 44: (2) If a debt is to fall due only a
Page 45 and 46: 159. Legacy of periodic sums.— Wh
Page 47 and 48: 174. Right to legacy.— The legate
Page 49 and 50: 189. Disinheritance. —The forced
Page 51 and 52: (2) The intestate heir forfeits his
Page 53 and 54: 219. Restrictions on disposition of
Page 55 and 56: has agreed with the person who is i
Page 57 and 58: (c) the other heirs, who are not -u
Page 59 and 60: 262. Where the executor declines to
Page 61 and 62: (2) However, it shall always be law
Page 63 and 64: 286. Sham sale.— (1) A sale, whet
Page 65 and 66: SPECIAL NOTARIES CHAPTER XVI ESTABL
Page 67 and 68: 308. Obligation of the State to pro
Page 69 and 70: (2) All copies given under this sec
Page 71 and 72: 323. Who may be witnesses identifie
Page 73 and 74: affixed and in the absence of the r
Page 75 and 76: (3) The record to be made by the Sp
Page 77 and 78: 337. Delivery of the closed will.
Page 79 and 80: interested party shall also declare
Page 81 and 82: of the testator can be gathered fro
Page 83 and 84: CHAPTER XXX CERTIFIED COPIES 352. W
Page 85 and 86: shall be punishable with imprisonme
Page 87 and 88: (3) Where, after allotment or after
Page 89 and 90: epresentative of the person under d
Page 91 and 92: (c) The head of the family shall be
Page 93: (2)Copies of the list of assets and
Page 97 and 98: 397. Sale of share in the undivided
Page 99 and 100: (3) Where an objection has been rai
Page 101 and 102: (3) Where the respective creditor w
Page 103 and 104: (2) The members of the family counc
Page 105 and 106: (4) Where the debts have been appro
Page 107 and 108: present. If none of the above condi
Page 109 and 110: 434. Procedure for second valuation
Page 111 and 112: 438. Preliminary chart.— (1) Wher
Page 113 and 114: duty is produced. The order confirm
Page 115 and 116: (b) When a new document is produced
Page 117 and 118: 454. Cause Title.— (1) The cause
Page 119 and 120: Statement of Objects and Reasons Th
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