10. [ If heir, etc. unknown, administrator to be appointed, and proclamation issued, and published. [Section. 10 does not apply to intestate property which is dealt with by a Magistrate under the Bombay District Police Act, 1890 (Bombay 4 of 1890), Section 58(3).]
- First - Whenever any person dies intestate, and without known heirs, leaving property, the Judge, within whose jurisdiction the property is, shall appoint an administrator for the management thereof, and shall issue a proclamation in the form contained in Appendix C, calling upon the heir of the deceased or any person entitled to receive charge of the property, to attend and prefer his claim.]Second. - The proclamation shall be published, [* * *] [The words 'in the manner prescribed in Reg. IV, A. D. 1827, section VIII clause tenth', the words 'local currency' and the words 'Bombay Courier or other' were respectively repealed by the Repealing Act, 1873 (12 of 1873).] and if the deceased was a [resident] [This word was substituted for the word 'Native' by the Adaptation of Laws Order, 1950.] of any district or country without the limits of the Court's jurisdiction, and the property is of the value of rupees one thousand (1,000)[* * *] [The words 'in the manner prescribed in Reg. IV, A. D. 1827, section VIII clause tenth', the words 'local currency' and the words 'Bombay Courier or other' were respectively repealed by the Repealing Act, 1873 (12 of 1873).]or upwards, the proclamation shall also be published in the [* * *] [The words 'in the manner prescribed in Reg. IV, A. D. 1827, section VIII clause tenth', the words 'local currency' and the words 'Bombay Courier or other' were respectively repealed by the Repealing Act, 1873 (12 of 1873).] [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Government newspaper' by the Adaptation of Indian Laws Order in Council.].Heirs, etc., appearing to be put in possession, and if no heir appears, reference to Sadr Diwani Adalat who will, grant time, or order sale and proceeds to be deposited. - Third. - If any person appears and satisfies the Judge of his right to the possession of the property or any part of it as heir, executor, administrator or otherwise, it shall be delivered up to him, after deducting the necessary expenses of management.Fourth. - But, if no person appears and establishes his right, the Judge, on the 31st December next after the completion of twelve months from the appointment of the administrator, shall make a report of the circumstances of the case to the Sadr Diwani Adalat, accompanied by an inventory and valuation of the property; and it shall be lawful for the Sadr Diwani Adalat either to direct the property to continue for a further period under the management of the administrator, or to be sold by him under the authority of the Court, and the proceeds to be deposited in the public treasury for the eventual benefit of all concerned.
