Chapter VII RELELASE OF PERSONS AND PROPERTY FROM SUPERINTENDENCE

The court may, with the previous sanction of the Government, in all cases where superintendence has been assumed in pursuance of order under section 14, at any time release from its superintendence the person or property of a ward or both and shall, save as provided in section 52, release from superintendence- (a) the person and property of a ward disqualified under clause (a) of section 8, as soon as he ceases to be a minor; (b) the person and property of a ward disqualified under clause (b ) of section 8, as soon as it is found by a competent civil court that the disability has ceased; (c) the person and property of a proprietor declared to be disqualified under clause (c) of section 8, as soon as the Government revoke their declaration that such proprietor is disqualified; (d) the property of an undivided Hindu family, Marumakkathayam tarwad, Aliyasantana family or Nambudiri family, and the person of every coparcener or member therein who is not possessed of separate estate, as soon as any coparcener or member, as the case may be, ceases to be disqualified under section 8.

(1) The court may, with the previous sanction of the Government, 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 person 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 liabilities, when the court is satisfied that it is impracticable to liquidate within a reasonable time all the debts and liabilities or such of them as have not been liquidated, and in either case the legal in capacity of such ward shall cease on the date so notified: Provided that with the previous sanction of the Government, the court may at any time release such property on application made to it by the proprietor, or in the case of an undivided Hindu family, a Murumakkathayam tarwad, an Aliyasantana family or a Nambudiri family 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 (1), the Collector shall replace the incumbrancer in possession. (3) Whenever the property of a person is released under sub-section (1) from the superintendence 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 representative after the court has released his property under sub-section (1), the time during which the superintendence of the court continued shall be excluded.

The court may, with the previous sanction of the Government, replace any proprietor who has been made a ward of the court in pursuance of an order under section 17, in the management of his estate on a day to be notified, if the debts and liabilities binding on his estate have been discharged and the court is satisfied that he will thereafter be competent to take charge of his estate and administer his own affairs, and his legal incapacity shall cease on such date.

When a ward dies or ceases to be disqualified before the debts and liabilities binding on his estate have been discharged, the court may, with the previous 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 the 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 or his representatives withdraw from superintendence until the money so raised has been repaid: Provided that, after the death of the ward, the court shall not retain charge on account of any debt or liability which has been declared by a civil court not to be binding on the representatives of the deceased ward.

If the court retains the superintendence under section 52, the person who has succeeded to the property, or the person who has ceased to be disqualified, shall, in so far as the property in question is concerned, be deemed to be a ward of the court for the purposes of clauses (a) and (b) of sub-section (1) and sub section (2) of section 33.

(1) When the court decides to release from its superintendence the person and property of a minor, it may, before such release, by an order in writing, appoint any person to be the guardian of the person or property or both of such minor. (2) Such appointment shall take effect from the date of such release. (3) In appointing a guardian under this section, the court shall be guided by the provisions of section 17 of the guardians and Wards Act, 1890 (8 of 1890). (4) Every such guardian shall have, and be subject to, the same rights, duties and liabilities, as if he had been appointed under the Guardians and Wards Act, 1890 (8 of 1890).

Any expense incurred by the court on account of any property under its charge, and no defrayed from such property during the court's superintendence may, after the release of such property, be recovered as if it were an arrear of land revenue from any person into whose possession such property or any part thereof may have passed: Provided that the sum so recovered from any such person shall not be greater than the value of any such property which so passed into the possession of such person.

Whenever, on the death of any ward, the succession to his property or any part thereof is disputed, the court may either direct that such property or part thereof be made over to any person claiming the property, or may retain the superintendence of the property until a claimant has established his title to the same in a competent civil court, or institute a suit of inter-pleader against all the claimants.

Whenever the court releases any person or property from its superintendence, the fact of such release shall be notified in the Gazette.