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Section 55: Assumption of charge by Court of Wards of land belonging to a lunatic in certain cases

Indian Lunacy Act 1912Union territory Act of Chandigarh · Act 4 of 1912

If a lunatic is possessed of any immoveable property situate beyond the local limits of the jurisdiction of the Court which, by the law in force in the x[State] wherein such property is situated, subjects the proprietor, if disqualified, to the jurisdiction of the Court of Wards, the said Court of Wards may assume the charge of such property and manage the same according to the law for the time being in force for such management:

Provided that—

(1) in such case, no further proceedings in respect of the lunacy shall be taken under any such law, nor shall it be competent to the Court of Wards or to any 21 Collector to appoint a guardian of the person of the said lunatic or a manager of the_ estate except of the immoveable property which so subjects the proprietor as aforesaid ;

(2) the surplus of the income of such property, after providing for the payment of the Government revenue and expenses of management, shall be disposed of from time to time in such manner as the High Court may direct;

(3) nothing contained in this section shall effect the powers given to the High Court by Sees. 49, 50 and 51 or (except so far as relates to the management of the said immoveable property which so subjects the proprietor as aforesaid) the powers given by any other section.

56 Power to apply property for lunatic's maintenance without appointing manager in certain cases.—(1) If it appears to the Court having regard to the situation and condition in life of the lunatic and his family and the other circumstances of the case to be expedient that his property should be made available for his or their maintenance in a direct and inexpensive manner it may instead of appointing a manner of the estate, order that the property if money or if of any other description the produce thereof when realized, be paid to such person as the Court may think fit, to be applied for the purpose aforesaid.

(2) The receipt of the person so appointed shall be a valid discharge to any person who pays any money or delivers any property of the lunatic to such person.

Vesting orders

Where this provision sits

ActIndian Lunacy Act 1912
Section55
Marginal noteAssumption of charge by Court of Wards of land belonging to a lunatic in certain cases
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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