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Bengal Presidency - Section

Section 10 in Court of Wards Act, 1879

10. Application by Civil Court to Court of Wards to take charge. - [Whenever a Civil Court is satisfied that an order should be made under section 7 of the Guardians and Wards Act, 1890, appointing guardian of the person or property of a minor, or both;

Whenever a Civil Court removes, under section 39 of the same Act, the guardian of a minor,]or whenever a person has been adjudged, under [Act 35 of 1858], to be of unsound mind and incapable of managing his affairs, if the property of such minor or [xxx] proprietor consists, in whole or in part, of land or any interest in land, the Civil Court may apoly to the Court of Wards to take charge of the person and property of such minor or [xxx] proprietor; and it shall be at the discretion of the Court of Wards to take charge of such person or property, or to refuse to do so.Nothing contained in sections 12 to 19 (both inclusive) of [Act 35 of 1858] shall be held to apply to persons or properties under the charge of the Court of Wards.[10A. Notice to creditors. - (1) Whenever the Court of Wards assumes charge of any person or property under section 7 or section 10, it shall publish, in the manner provided in section 6A, a notice calling upon all creditors having claims against the ward or his immovable property to submit the some in writing to the Court, at a place to be named in the notice, within six months from the date of the publication of the notice aforesaid.
(2)Every such claim (other than a claim on the part of the [Government], not submitted to the Court in compliance with the provisions of subsection (1), shall, save in the case provided for by section 10E, sub-section (2), clause (c), notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the date of the expiry of the period aforesaid:Provided that if the Court is satisfied that creditor was prevented by any sufficient cause from complying with the provisions of sub section (1), it may consider and allow, either wholly or in part, his claim for interest at any time after the date of the expiry of the period aforesaid.