Vidhi Codex

section 7

Submission of claims

Thur Evacuee Interest (Separation) Act, 1951
General195120 sections
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Statutory text
  1. (1) Any person claiming an interest in a composite property may, within sixty days of the date of the issue of the general notice or service of individual notice under section 6, whichever is later, submit to the competent officer a statement of his claim in writing and signed and verified in the prescribed manner.
  2. (2) [Omitted].
  3. (2) A Statement of claim under sub-section
  4. (1) shall be drawn up, as far as may be, in the form of pleadings under the Code of Civil Procedure, 1908 (Act V of 1908) and shall include the following particulars, namely:—
    • (a) the nature of the interest of claimant in the composite property;
    • (b) the estimated money value of the composite property;
    • (c) where the claim is made by a co-sharer or partner, the extent of the share of the claimant and the money value of such share;
    • (d) where the claim is made by a mortgagee,—
      • (i) the principal money and the rate of interest chargeable under the mortgage deed;
      • (ii) payments made towards the mortgage debt after the principal money was advanced or deemed to have been advanced:
      • (iii) the history of the mortgage debt in so far as it is relevant to the determination of the principal money;
      • (iv) particulars of the property mortgaged and the estimated value of such property;
      • (v) particulars of any property the possession of which has been taken by the mortgagee as security for, or in lieu of payment of, the mortgage debt;
      • (vi) the total amount claimed under the mortgage debt in accordance with the provisions of this Act;
    • (e) where the claim is made by a mortgagor, the total amount due under the mortgage debt and the particulars necessary to determine the same;
    • (f) the order of preference in which the claimant desires to have his interest separated from that of the evacuee under section 10;
    • (g) any other particulars which may be prescribed.
  5. (3) The claimant shall, along with the submission of claim under sub-section (1), file true copies of all documents in his possession or power on which the claim is based and a list of any other documents (whether in his possession or power or not) on which he intends to rely as evidence in support of his claim; and the claimant shall, whenever required to do so by the competent officer, produce all the documents of which true copies have been filed and also the documents in his possession or power which have been entered in the list.
  6. (4) No document which should have been but has not been filed in accordance with the requirements of sub-section (3), shall be received at any stage of the proceedings without the leave of the competent officer.

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