Section 369 in Bihar Board's Miscellaneous Rules, 1958

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State of Bihar - Section

Section 369 in Bihar Board's Miscellaneous Rules, 1958

369. Indian Succession Act and the Administrator General's Act have superseded Section 7, Regulation V of 1799, as regards European Citizens of India.

(1)Indian Succession Act and the Administrator General's Act have superseded Section 7 of Regulation V of 1799 as regards European Citizens of India. As the law now stands a District Judge is bound to keep the property of a deceased European citizen of India under Rs. 1,000 in value, until some person comes forward to claim it. The inconvenience of District Officers can be obviated by selling the property and remitting the funds to the Judge, who will place them in the Treasury to the account of the estate. The Judge would be perfectly justified in giving orders for the sale of the property after some time has elapsed as such a course would be for the benefit and protection of the estate.

(2)The following procedure should be observed for the distribution of escheated estates of Europeans dying intestate devolving upon the Government:-

(1)Grants should not be made to the persons who would have been entitled but for the illegitimacy as such.

(2)Grants should be made to natural relatives only in so far as they were in fact dependent, or are persons for whom the intestate might reasonably have been expected to make provision.

(3)In ascertaining such persons the blood relationship alone should not be recognised as sufficient justification for a grant except prima facie in the case of issue, parent, brothers and sisters.

(4)Grants to natural relatives more remote than these should not be precluded but the applicants should be required to show some ground for reasonable expectation over and above the blood relationship.

(5)It should not be regarded as obligatory to pay or distribute the whole of the residue less Government share. Reasonable expectations may in many cases fairly be met by lump sum grants less than shares of residue so ascertained.Form IReport of intestate movable property from............................... station district ...................................dated

1	2	3	4	5	6	7
Annual No.	Date and place of death	Name and residence of deceased, if known	Name of claimant or claimants	Particulars of each claim	List of property	Remarks

Memo No.............................datedForwarded to the District Judge of ........... for information and orders.Signature of MagistrateSignature of Police OfficerForm IIAccount sales of intestate movable property sold at .................................. station .................District.............................. dated..........................

1	2	3	4	5
Number and year of original report, with the name of deceased,if known	Number and description of article as per original report	Weight or measure (where possible)	Price at which sold	Remarks
Less cost of feeding as permemorandum at foot......No.......Horse....... days at....per day.......Cow or buffaloGoatTotal...	Rs. P.	Total......Net proceeds forwarded	Rs. P.

Signature of Police OfficerSignature of Receiving OfficerDatedForm IIIChalan of intestate movable property from....................... station.................District.............................

1	2	3	4	5	6
Number and year of original report, with name ofdeceased, if known	Number and description of article as per originalreport	Weight or measure	Date of despatch	Cost of despatch	Remarks
Rs.	P.

Signature of Police OfficerDatedSignature of Receiving Officer

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State of Bihar - Section

Section 369 in Bihar Board's Miscellaneous Rules, 1958

369. Indian Succession Act and the Administrator General's Act have superseded Section 7, Regulation V of 1799, as regards European Citizens of India.