(1) The head of family may be removed when he,—
(i) delays in filing the list of assets and liabilities;
(ii) fails to indicate to the valuers the assets which are to be evaluated;
(iii) does not appear in court, when required;
(iv) does not produce the required documents;
(v) does not give declarations or statements which are required from him; or
(vi) does not manage the assets with zeal and prudence;
(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 ---71--- 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.