chapter xiv proceedings under the indian succession act

the property and credits in his possession under this certificate, and also, within one yearfrom the same date or within such further time as the Court may from time to timeappoint, to render to the Court a true account of the said property and credits, showingthe assets which have come to his hands and the manner in which they have been appliedor disposed of.”313. The following form may be used for an order to a person to whom a certificate hasbeen granted or to his representative, to render accounts, etc :­Application No. ____ of _________ in the District Court of ___ residing at______ Taluka _______ District is hereby informed that whereas a certificate underBombay Regulation VIII of 1827 has been granted to you by this Court on _____ 19____on your said application No. ___ of 19 ____ and whereas you have not exhibited in Courtwithin the prescribed periods a full and true inventory of all the property and credits inour possession or a true account of the said property and credits showing the assets,which have been applied or disposed of, as required by the foot­note appended to the saidcertificate, you are hereby required to produce the said inventory and true account in thisCourt on ______ 19 ___.If you fail to do this, you will be liable to punishment under section 176 of theIndian Penal Code, in accordance with sections 317 and 390 of the Indian SuccessionAct, XXXIX of 1925.Dated.District Judge.Civil.314. When an administrator is appointed under section 10 of Regulation VIII of 1827,a proclamation in the Form contained in Appendix C of the said Regulation shall beprepared by the Nazir and issued under the signature and seal of the Judge.315. Whenever an administrator is appointed under the aforesaid section 10, he shall,before entering upon the execution of his office, give security in a sum to be fixed by theJudge for the faithfully discharge of his trust as an administrator.316. The Nazir, or any other person who is appointed an administrator of intestateproperty under Regulation VIII of 1827 shall receive no remuneration either until theestate is made over to a claimant under clause (3) or until it is sold and the proceeds are

deposited in the Public Treasury under clause (4) of section 10 of the said Regulation.When he parts with the custody of the intestate property in either of these ways, he maybe allowed by the judge a fee not exceeding 5 per cent on the value of the property whichhe gives up, subject to the modification of the High Court on the complaint of any personinterest.Provided that the District Judge may in his discretion and subject of the previoussanction of the High Court allow remuneration to an administrator who has been incharge of the estate for several years and who is required to retire before the proceedingsare terminated.317. Whenever any Magistrate is of opinion that property of intestates without knownheirs should be sent to the District Court, he should report direct to the Judge, in theForm prescribed below in this Chapter, who, in the event of his concurring with theMagistrate, will order the Nazir at once to take possession, or, in the event of hisdiffering, will direct the property to be returned, or left with the party having originalpossession. [See also section 84, Bombay Police Act, 1951 (Bombay Act XXII of1951)].318. all expenses attendant on the issue of a proclamation regarding intestate propertyunder Regulation VIII of 1827, section 10, shall be paid out of the estate of the intestate.319. An annual return of property of persons dying intestate and without known heirsshould be sent to the High Court in the form prescribed on page 265 of Chapter XXXVIIIon Returns and printed at page 64 in appendix H of Volume II.From of report referred to in paragraph 337 above.No. of 19 .FromThe Magistrate,To,The District Judge,Camp

DateSir,I have received a report fromFull name under section 83 of the Bombay Act XXII of 1951.section 19 of the Bombay Village Police Act, 1867AgeThat the persons specified in the margin has died inReligionTownin Talukaleaving property as perLast address. Schedule hereto annexed (Appendix A).[Extract of Para. (2) of form of report referred to in Paragraph 337 above.](2) It appears to me that the deceased has died intestate and without known heirs,and that the property is likely, if sold by public auction, to realise more than 400 Rupeesnet proceeds. I have, therefore, the honour, under section 84 of the Bombay Police Act,1951 (Bombay Act, XXII of 1951), to request that you will take steps to deal with theproperty under the provision of section 10 of Regulation VIII of 1827.Schedule of Intestate Property.1. Property dealt with under section 85 of the Bombay Police Act, 1951 (BombayAct, XXII of 1951).(3) the information given in the papers before me regarding the deceased and thepersons who may persons who may presumably be interest in the property, issummarized below.(4) I recommend that the usual proclamation may be posted at the followingplaces, namely.Yours faithfully,

APPENDIX A TO LETTER No.DATEDSchedule of intestate Property1. Property dealt with under section 85 of Bombay Police Act XXII of 1951 :­Description of property Value Date of1. Live stock (Particulars)2. Other property (particulars)realisedTotal :Sale2. Property not dealt with under section 85 of the said Act :­Other property.Cash Item Description Estimated value Remarks