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State of Maharashtra - Section

Section 7 in The Hyderabad Court of Wards Act, 1350 F

7. When may owners be deemed to be disqualified.

(1)For the purposes of this Act an owner shall be deemed to be disqualified for the management or control of his property -
(a)whose property or person and property has or have been taken under the custody and superintendence of the Court by a Firman of H. E. H. the Nizam [passed before the commencement of the Constitution of India] [Inserted by A.O., 1956.]
(b)who is a minor;
(c)who has been adjudged by a competent Civil Court to be of unsound mind and incapable of managing his property;
(d)who is a female and declared by the Government to be incapable of managing the property;
(e)who has been declared by the Government to be incapable of managing property on the following grounds :-
(i)any physical or mental defect or infirmity, or
(ii)conviction for a non-bailable offence, his conduct or vice, or
(iii)extravagance or failure, without reasonable cause, to repay and discharge the debts and liabilities :
Provided that, no person shall be declared to be disqualified under clause (e), unless he is a jagirdar, hissedar or guzarayab or Jagir and unless the Government is satisfied -
(a)that the aggregate annual interest payable at the contractual rate on the debts and liabilities due by the owner exceeds one-third of the gross income of the property; and
(b)that the property is likely to be dissipated on account of extravagance or failure to repay and discharge the debts and liabilities.
(2)No person shall be declared to be disqualified under clause (d) or (e) of sub-section (1) unless the person concerned has been informed of the grounds on which it is proposed to disqualify him and he has had an opportunity to show that there is no ground for disqualifying him.
(3)No cause of action shall arise for a suit in a Civil Court in respect of any action taken under clause (d) or (e) of sub-section (1).