Chapter VII WITHDRAWAL OF SUPERINTENDENCE OF PERSON AND PROPERTY.

The Court shall, save as provided in section 56, withdraw superintendence of the person and property of the ward when,-

(a) the ward attains majority;

(b) a Civil Court declares that he is no more insane;

(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applicable to a suit brought or application made against the owner from whose property superintendence has been withdrawn as aforesaid, the time during which the superintendence of the Court continued shall be excluded.

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.

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.

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.

(1) When the Court decides to withdraw its superintendence from the person and property of any minor, it may, before withdrawing such superintendence, by an order in writing, appoint any person to be the guardian of the person or property or of both of the minor. (2) The appointment of guardian shall take effect from the date of release. (3) In appointing a guardian under this section, the Court shall have due regard for the provisions of sections 3 and 17 of the Guardians and Wards Act, 1890. (4) Every such appointment shall be notified to the District Judge within whose jurisdiction the property of the minor or any part thereof is situated. (5) Such a guardian shall be deemed to have been appointed by the District Judge and to be subordinate to him, and shall have, and be subject to the same rights, duties and liabilities as a guardian appointed under the said Central Act.

Any expenses incurred by the Court on account of any property under its superintendence, and not defrayed during superintendence, shall be recovered as an arrear of land revenue from any person in whose favour such property or any part thereof has been released: Provided that the expenses so recovered shall not exceed the value of the property so released.

Where on the death of a ward, the succession of his property or any part thereof is disputed, the Court may retain its superintendence until a claimant has established his title to the same in a Civil Court or a Revenue Court, or institute a suit or proceedings against all the claimants for settlement of their claims.

(1) If there are more owners than one of any property under the superintendence of the Court and if any one of such owners had ceased to be a ward and the Court considers this cause expedient in the interests of the owner who remains a ward, it may retain the whole property under its superintendence. (2) If the Court under sub-section (1) retains superintendence of the share of any owner who has ceased to be a ward, such owner shall not be competent to transfer or create any charge and incur any liability on any part of his share during the superintendence of the Court; but he shall not be prevented from making a testamentary disposition, or from applying to a Court or competent department for partition of his share, and from the date of such application until such partition takes place, the Court shall pay to such owner the surplus income accruing from his share of the property.

When the court retains superintendence of any property under section 56 or 60 or 61, it may exercise all the powers conferred by this Act in respect of any property of a ward. All acts done by the Court under this section shall be binding on the owner of such property.

When the Court withdraws its superintendence of any property, it shall deliver to the owner all documents of title and all papers, and accounts and such records as it may think proper relating to such property.

The fact of withdrawal of superintendence of person or property shall be notified in the Official Gazette.

When the Court withdraws its superintendence of any property under the provisions of Chapter VII, without discharging the liabilities thereof, the time from the date of publication of notice, under section 35 to the date of such withdrawal shall be excluded in computing the period of limitation applicable to suits for the recovery of the claims outstanding at the date of such publication.