159. Payment over of property of deceased seamen by shipping master. -
Where any property of a deceased seaman or apprentice is paid or delivered to a shipping master, the shipping master, after deducting for expenses incurred in respect of that seaman or apprentice or of his property [such sums as he thinks proper to allow, shall pay and deliver the residue to the person nominated by the seaman or apprentice in this behalf under section 159-A and if he has not made any such nomination or the nomination made by him is or has become void, the shipping master may-](a)pay and deliver the residue to any claimants who can prove themselves to the satisfaction of the said shipping master to be entitled thereto, and the said shipping master shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or(b)if he thinks fit so to do, require probate or letters of administration or a certificate under the Indian Succession Act, 1925, [or a certificate under section 29 of the Administrators-General Act, 1963] [ Inserted by Act 41 of 1984, Section 12 (w.e.f. 15.7.1985).] to be taken out, and thereupon pay and deliver the residue to the legal representatives of the deceased.[159-A. Nomination.(1)A seaman may, for the purposes of sub-section (3) of section 141 and clause (b) of section 159 and an apprentice may, for the purposes of clause (b) of section 159, nominate any person or persons:Provided that if the seaman or the apprentice has a family, he may nominate for the purposes aforesaid any one or more members of his family only and if a seaman or an apprentice acquires a family after he has made any such nomination, the nomination shall become void.(2)The form in which any nomination may be made under sub-section (1), the cancellation or variation of any such nomination (including the making of a fresh nomination) and all other matters connected with such nominations shall be such as may be prescribed. ]
