9. Assumption of superintendence by Court of Wards on application of landholder or pension-holder.
(1)Any land-holder [or pension-holder] [These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).] may apply in writing to the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] to have his property placed under the superintendence of the Court of Wards, and the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may on such application, where [it] [The word 'it' was substituted for the word 'he' by the Adaptation of Indian Laws Order in Council.] is of opinion that it is expedient in the public interests to preserve the property of such land-holder [or pension-holder] [These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).] for the benefit of his family and that the said property is of such value that economical management by the Court of Wards is practicable, order the Court of Wards to assume the superintendence of the property.(1A)[ Any co-sharer of property, other than a co-sharer in a family undivided according to Hindu law, may make an application under sub-section (1) in respect of his own share in such property.] [This sub-section was inserted by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).](2)[In every case where property is held by co-sharers, whether as co-sharers in a family undivided according to Hindu law or otherwise] [These words were substituted for the words 'Where property is held by co-sharers in undivided shares', by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] an application signed by co-sharers holding an aggregate interest of not less than three-fourths of the whole property shall, or the purposes of sub-section (1), be deemed to be an application by a land-holder [or pension-holder] [These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).] in respect of [the whole property] [These words were substituted for the words 'such property', by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).]:Provided, firstly, that no order shall be made [on any such application] [These words were inserted by Section 2 and Schedule I, Part II, of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] under sub-section (1) where it appears to the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] doubtful whether the aggregate interest of the co-sharers signing [the] [This word was substituted for the words 'any such' of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] application amounts to not less than three-fourths of the whole property; andProvided, secondly, that nothing in this Act shall be deemed to prevent any co-sharer other than those signing any such application from obtaining partition of his share, whether by suit or otherwise.(3)An order made under sub-section (1) shall be sufficient to authorize the C of Wards to assume the superintendence of the property referred to therein, and no such order shall be called in question in any Court.
