(1) Where the Court is satisfied that it is impracticable to liquidate within a reasonable time all the debts of an owner who has been made a ward under section 13, or the debts and liabilities due by him, it may, with the previous sanction of the Government, within two years from the date of publication of the notification under section 14, withdraw its superintendence, on a day to be notified, whether during continuance of superintendence, the debts and liabilities are partly liquidated or not liquidated at all. From the date of such withdrawal such owner shall cease to be a ward, and the provisions of section 36 shall not apply to any debts and liabilities which become due after withdrawal of superintendence.
(2) In computing the period of limitation applicable to a suit brought or application made against the owner from whose property superintendence has been withdrawn as aforesaid, the time during which the superintendence of the Court continued shall be excluded.
55. Substituted for the words “a Firman of His Exalted Highness the Nizam being issued” by the A.P.A.O. 1957.
Withdrawal of superintendence when debts cannot be liquidated within reasonable time.
[Act No.XII of 1350 F.] 31
55. If, in respect of any owner who has been made a ward under section 13, the Court is satisfied that his debts and liabilities have been discharged to an extent that he will thereafter be able to manage his estate and administer his affairs, the Court may, with the sanction of the Government, make over the management of the estate to the owner on a day to be notified. The owner shall, on the date when the management is madeover, cease to be disqualified.
56. Where a ward dies or ceases to be disqualified before the debts and liabilities have been discharged, the Court may, with the sanction of the Government, retain the property under its superintendence until the debts and liabilities are discharged or for any shorter period and when for the purpose of discharging such debts and liabilities, Court has raised money on condition that it should retain the superintendence of the property until the money so raised is repaid, the Court shall not, without the consent of the lender, withdraw the superintendence until the money so raised is repaid:
Provided that, after the death of the ward, the Court shall not retain superintendence on account of any debts or liabilities which have been declared by a Civil Court not to be binding on the representatives of the deceased ward.
57. If the Court retains superintendence of the property under section 56, the owner who has ceased to be disqualified or the person succeeding to the property, shall, in respect of the property under superintendence, deemed to be a ward so far as the prohibitions contained in clauses
(a), (c) and (e) of sub-section (1) of section 29 are concerned; and any debts and liabilities incurred by such owner or person before he succeeded, shall not be chargeable on the property under superintendence, until the debts and liabilities to discharge, which the superintendence has continued, have been discharged.
Circumstances in which superintendence may continue.
Withdrawal of superintendence of estate taken over under section 13.
Disqualifications of owner.
32 [Act No.XII of 1350 F.]