251. Action to be taken on receipt of information regarding intestate property. [§ 12, Act V, 1861].
(a)On receipt of information that any person who has died intestate has left movable property to which there is no claimant, the officer-in-charge of a police-station shall, in accordance wilt Bengal Regulation V of 1799, take possession of such property and shall forward to the Sub-divisional Magistrate a list in B.P. Form 29 of all items taken into custody. This list shall specify the approximate value of any animal which has been impounded in accordance with clause (c). This orders of the District judge regarding the disposal of the property shall then be awaited.(b)If the deceased has also left any immovable property, the officer-in-charge shall collect such particulars as possible regarding the property and shall record them in a memorandum which shall be attached to B.P. Form No. 29.(c)Ordinarily property, including livestock, which has been taken into custody in accordance with clause (a), shall not be sold without the orders of the District Judge. If, however, it includes any items which very rapidly deteriorate and perish, the officer-in-charge may exercise his discretion in selling such items in anticipation of orders. Livestock shall be placed in the nearest pound.(d)When property is sold, cither under clause (c) or under the orders of the District Judge, it shall be sold by the officer-in-charge and, whenever possible, at a public market. He shall prepare an account of the sale in B.P. Form No. 30, which shall be forwarded, in triplicate, along with the proceeds of the sale, to the Sub-divisional Magistrate. If any animal which has been impounded is sold, the pound fees shall be paid from the proceeds of the sale direct to the pound-keeper, and the balance only forwarded with the account.(e)If the District Judge orders that the property be sent to Court, the officer-in-charge shall despatch it with a forwarding advice in B.P. Form No. 31 in triplicate, in which shall be recorded the cost of transporting the property. If the deceased has been buried or cremated at the expense of a municipality, the expenses so incurred shall also be recorded in the form and the Chairman or Vice-Chairman shall be advised to apply to the District Judge for the recovery of the expenses.(f)The third copy of B.P. Form No. 31 or of Form No. 30 which will, in due course, be returned by the District Judge, shall be filed in the police-station.(g)The police shall not question the validity of any claim or will which may be set up by any claimant, and property shall not be taken into custody from the possession of any such claimant. If, however, the officer-in-charge has reason to believe that a claimant has obtained possession dishonestly or that a will has been forged, he shall apply to the Superintendent for orders regarding prosecution under section 404 or section 467, Indian Penal Code.
