13. Procedure when succession to property of ward disputed. - Whenever, on the death of any ward, the succession to his property or any part thereof is in dispute, the Court may either direct that such property or part thereof be made over to any person claiming such property, or may retain charge of the same until the right to possession of the claimant has been determined under Bengal Act 7 of 1876, or until the dispute has been determined by a competent Civil Court.
[13A. Power of Court to retain charge of property of ward until discharge of debts. - If, when [any ward, other than a trustee, dies, or ceases to be subject to the jurisdiction of the Court], there remain undischarged and debts or liabilities which were incurred by, or are due from, [such ward], or which are a charge upon his property or any part thereof,Then, notwithstanding anything contained in the foregoing sections, the Court may either withdraw from the charge of such property or retain such charge until such debts and liabilities, as the Court considers necessary to be discharged, together with all interest due thereon, have been discharged:Provided that, [after the death of a ward], the Court shall not retain charge on account of any debt or liability which has been declared by a competent Civil Court not to be binding on his representative.][13B. Action to be taken by the Court on the death of trustee. - When the Court has taken charge of any trust property and the sole trustee or one of several joint trustees of such trust property dies, the Court shall,-(a)if there is no dispute as to the succession to the office of the deceased trustee, retain charge of the trust property until the successor of the sole trustee or a majority of the joint trustees request the Court to release the trust property from its charge;(b)if there is a dispute as to the succession to the office of the deceased trustee, retain charge of the property until the dispute has been determined by a competent Civil Court and the sole trustee or a majority of the trustees who, in accordance with the decision of such Court, are entitled to succeed to the office of the deceased trustee request the Court to release the trust property from its charge.]
