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State of Maharashtra - Section

Section 39 in The Hyderabad Court of Wards Act, 1350 F

39. Claims admitted or disallowed.

(1)The [Collector] [Substituted by A.O., 1956.] shall, after making such inquiry as he deems fit, decide as to which claims notified to him or presented to him under section 36, are to be allowed in whole or in part and which are to be disallowed. On such decision being confirmed by the Court, the [Collector] [Substituted by A.O., 1956.] shall give written notice of the same to the claimants.
(2)The [Collector] [Substituted by A.O., 1956.] may, where he has admitted any claim or part thereof, make to the claimant a proposal in writing for the reduction of the claim or for the rate of interest to be paid in future or for both or for the terms of payment. If the claimant accepts such proposal in writing, with or without modification, and such written acceptance is attested by the [Collector] [Substituted by A.O., 1956.] himself or by any Revenue Officer, not below the rank of a [Deputy or Assistant Collector] [Substituted by A.O., 1956.], appointed by the Government by a general or special order for the purpose, it shall be binding upon the claimant.
(3)Subject to the provisions of sub-section (2) nothing contained in this section shall preclude any claimant from instituting or containing any suit in a Civil Court in respect of any claim against a ward or his property, whether such claim is allowed or disallowed by the Court :Provided that, where a suit instituted no decision made under this section shall be used as against the defendant :Provided further that, where the claimant has failed to notify his claim under section 36, no suit or proceeding in respect of such claim shall be maintainable unless the plaintiff satisfies the Civil Court that there was reasonable and sufficient cause for not notifying his claim.