ASSUMPTION OF SUPERINTENDENCE OF PERSON AND ESTATE

Landholders when to be deemed disqualified

§8

Summary

(1) Landholders shall be deemed to be disqualified to manage their own estate when they are- (a) minors; (b) persons adjudged by a competent Civil Court to be of unsound mind and incapable of managing their own estate; (c) persons declared by the Government to be incapable of managing or unfit to manage their own estate,- (i) owing to any physical or mental defect or infirmity unfitting them for the management of their own estate; (ii) owing to their having been convicted of a non-bailable offence or being unfitted by vicious habits or bad character for the management of their own estate; (iii) owing to their having entered upon a course of extravagance; (iv) owing to their failure without sufficient reason to discharge the debts and liabilities due by them; (v) owing to such mismanagement as has caused general discontent among the tenants: Provided that no such declaration shall be made under sub-clause (iii) or (iv), unless the Government is satisfied that such extravagance or such failure to discharge the said debts and liabilities is likely to lead to the dissipation of the estate. (2) No declaration under clause (c) of sub-section (1) shall be made until the landholder has been furnished with a detailed statement of the grounds on which it is proposed to disqualify him and has had an opportunity of showing cause why such declaration should not be made.

(1) Landholders shall be deemed to be disqualified to manage their own estate when they are- (a) minors; (b) persons adjudged by a competent Civil Court to be of unsound mind and incapable of managing their own estate; (c) persons declared by the Government to be incapable of managing or unfit to manage their own estate,- (i) owing to any physical or mental defect or infirmity unfitting them for the management of their own estate; (ii) owing to their having been convicted of a non-bailable offence or being unfitted by vicious habits or bad character for the management of their own estate; (iii) owing to their having entered upon a course of extravagance; (iv) owing to their failure without sufficient reason to discharge the debts and liabilities due by them; (v) owing to such mismanagement as has caused general discontent among the tenants: Provided that no such declaration shall be made under sub-clause (iii) or (iv), unless the Government is satisfied that such extravagance or such failure to discharge the said debts and liabilities is likely to lead to the dissipation of the estate. (2) No declaration under clause (c) of sub-section (1) shall be made until the landholder has been furnished with a detailed statement of the grounds on which it is proposed to disqualify him and has had an opportunity of showing cause why such declaration should not be made.

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