Section 35 in Maharashtra Hereditary Offices Act, 1874
35. Procedure if notice of adoption is not duly given.
- In any case in which [notice or] [These words were inserted by Section 7 of the Bombay Hereditary Offices (Amendment) Act, 1886 (Bombay 5 of 1886).] report of such adoption shall not be made as herein directed, the Collector shall not recognize the same without the production of a certificate of heirship, or of a final decree of a competent Court establishing the validity of such adoption.[[36. Death of representative watandar to be reported; name of heir to be registered.] [Section 36 was substituted by Section 2(1) of the Bombay Hereditary Offices Act, 1910 (Bombay 3 of 1910).]- When any representative watandar dies it shall be the duty of the patel and village accountant to report the fact to the Collector; and the Collector shall if satisfied of the truth of the report, and subject to the provisions of section 2 of Bombay Act V of 1886, register the name of the person appearing to be the nearest heir of such watandar as representative watandar in place of watandar so deceased:Provided that-(1)in determining who is the nearest heir for the purposes of this section the rule of lineal primogeniture shall be presumed to prevail in the watan family;(2)in any case where the deceased watandar was not a sole representative watandar, if his nearest heir is not a member of the branch of the family to which the deceased watandar belonged but is another representative watandar of the same watan or is a member of the branch of another representative watandar of the same watan, the share entered in the register against the name of the deceased watandar shall -(a)if there is only one remaining representative watandar of the same watan who is descended from the same original watandar as the deceased, pass to that remaining representative watandar.(b)if there are more than one such remaining representative watandars, be divided among such remaining representative watandars in proportion to their shares.and the register shall be corrected accordingly:(3)[if any person shall by production of a decree] [The words 'if any person shall by production of a decree' were substituted for the words 'if at any time any person shall by production of a certificate of hardship, or a decree or order' by Bombay 11 of 1930, Section 2.] of a competent Court, satisfy the Collector that he is entitled to have his name registered as the nearest heir of such deceased watandar in preference to the person whose name the Collector has ordered to be registered, [at any time within six years of such order, the Collector shall subject to the foregoing provisos, cause the entry in the register to be amended accordingly.] [The words 'at any time within six years of such order, the Collector shall' were substituted for the words 'the Collector may' by Bombay 11 of 1930.]]
