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Section 36

The Telangana Court of Wards Act, 1350 Fasli.State Act of Telangana

(1) Every person, having a money claim to be satisfied immediately or in future, against a ward or his property shall, within the period prescribed under section 35, present his claim in writing to the 43[collector] with full particulars thereof. Any claim presented within six months from the expiration of such period, shall be admitted, if the 43[collector] is satisfied that there was good and sufficient cause for not notifying the claim within the period:

Provided that where the Court is satisfied that any claim as aforesaid, could not have been presented within the period prescribed under section 35 due to reasonable and sufficient cause, it may, with the sanction of the Government, allow him to file such claim at any time after the expiration of such period. But notwithstanding any contract, decree, award or law to the contrary, no interest shall be allowed on such claim for the period between the date of expiry of the period and the date of presentation of the claim.

43. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.

44. Substituted for “section 7 of the Hyderabad Limitation Act No.II of 1322 F.” by the A.P.A.O. 1957.

45. See now Indian Limitation Act, 1963.

Claims to be submitted with full particulars.

22 [Act No.XII of 1350 F.]

(2) Every document, in the possession of or under the control of the claimant and relevent to the claim, shall be produced before the 46[collector] with the statement of claim, within the prescribed period. But where the claim related to an amount secured by a decree or award, it shall be sufficient for the claimant to produce a certificate by the Court passing or executing the decree, specifying the amount recoverable or a certified copy of the award specifying the amount recoverable thereunder, and if the claim is pending in any Court or has been referred to arbitration, it shall be sufficient for the claimant to produce certified copy of the plaint, and if the stage for filing a plaint has not reached, a certified copy of the reference to arbitration.

Explanation:- For the purposes of this sub-section, a document shall include entries in books of account.

(3) The 46[Collector] may require the claimant to produce, such other documents in his possession or power relating to the claim, other than those mentioned in subsection (2).

(4) Unless the 46[Collector] otherwise directs, every document produced under this section, shall be accompanied by a copy thereof. The 46[Collector] shall mark the original document for the purpose of identification, and after comparing the copy with the original, shall retain the copy and return the original to the person producing the same.

37. Nothing contained in sections 35 and 36 shall apply to claims of Government or of any local authorities, or to claims for maintenance for wages and salaries due to servants.

46. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.

Government claims etc., not to be affected.

[Act No.XII of 1350 F.] 23

38. Nothing contained in this Chapter shall apply to any claim in respect of any transaction subsequent to the date of publication of the notification under section 14.

Where this provision sits

ActThe Telangana Court of Wards Act, 1350 Fasli.
Section36
JurisdictionState of Telangana
StatusIn force as published by the source

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