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Section 50: Release of estate taken under management under section 17 when debts cannot be liqutdated within reasonable tzme

The Kerala Court of Wards Act, 1967 (President's Act No.3 of 1967)State Act of Kerala · Act 3 of 1967

(1) The court may, with the previous sanction of the Govermonent, at any time within two years from the date of the notification published under section 18, release from its superintendence, on a day to be notified, the property of a per· son who has been made a ward of the court in pursuance of an order under section 17, without liquidating any of his debts and liabilities, or after liquidating some of the debts and habilities, when the court is satisfied that it is impracticable to liquidate within a reasonable time al1 the debts and liabilities or such of them as have not been liquidated, and in either case the legal incapacity of such ward shall cease on the date so not1fied :

Provided that with the previous sanction of the Government, the court may at any time release such property on app!Jcation made to it by the proprietor, or in the case of an und1vided Hindu family, a Marumakkathayam tarwad, an Aliyasantana family or a Nambudiri faO?iiY on such application made by a majority of the coparceners who have attained majority or of the major members of such tarwad or family, as the case may be. -~

(2) Whenever an incumbrancer is dispossessed under section 42, and his debt remains unliquidated at the time the court releases from its superintendence the property of such ward under sub-sectiOn (I), the Collector shall replace the mcumbrancer in possession.

(3) Whenever the propet·ty of a person is released unde1· suiJ.

section ( 1) r rom the su perint("ndence of the court' the provisions of sections 40 and 41 shall not apply to any of the debts and liabilities of the ward remaining unliquidated at the time when his properties are so released.

(4) In computing the period of limitation applicable to a suit brought or application made against such person or his legal represen­ tative after the court has released his property under sub-section (I), the time dunng which the superintendence of the court continued shall be excluded.

Where this provision sits

ActThe Kerala Court of Wards Act, 1967 (President's Act No.3 of 1967)
Section50
Marginal noteRelease of estate taken under management under section 17 when debts cannot be liqutdated within reasonable tzme
JurisdictionState of Kerala
StatusIn force as published by the source

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