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TypeBare Act JurisdictionWest Bengal Government

Estates Partition Act, 1897 Section 18

Time within which secured creditors and maintenance -holders may file claims –

~2 min read
https://sooperkanoon.com/act/490457

Bare act section · Research

About this section

Estates Partition Act, 1897 Section 18 is part of Estates Partition Act, 1897 - Time within which secured creditors and maintenance -holders may file claims –. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) (a) Every creditor, whose debt is secured by the mortgage of, or is a charge on any estate, [or estates] or part thereof, vested in the State Government under Section 3, 3 [or Section 2 3-A] may, within six months from the date of such vesting or from the date on which such creditor is dispossessed under the provisions of clause (h) of Section 5 or within three months from the date of appointment of the Claims Officer, whichever date is latter, notify in the prescribed manner, his claim in writing to a Claims Offic er to be appointed by the State Government for the purpose of determining the amount of debt legally and justly payable to each such creditor in respect of his claim.

(b) Every maintenance-holder in an estate, succession to which is governed by the law of primogeniture, who is in receipt of a monetary allowance in lieu of maintenance, which is a charge on the estate or part thereof vested in the State Government under Section 3, may within the period specified in clause (a) notify in the prescribed manner to the Claims Officer in writing his claim for maintenance and the amount of allowance which he is entitled to receive therefore.

Explanation I – For the purpose of this section, a usufructuary mortgage or a lease executed in lieu of advances made, or a dower debt of a widow in lieu of which she is in possession of an estate shall be deemed to be a debt secured by mortgage.

Explanation II – Different Claims Officers may be appointed for different areas.

(2) The Claims Officer shall be – (a) a District Judge, if the claim notified under sub-section (1) exceeds ten thousand rupees;

(b) a Subordinate Judge, if such claim does not exceed ten thousand rupees :

Frequently asked questions

What does Estates Partition Act, 1897 Section 18 provide?

Section Section 18 of the Estates Partition Act, 1897 (Time within which secured creditors and maintenance -holders may file claims –) is reproduced on this page as part of the Estates Partition Act, 1897. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Estates Partition Act, 1897 Section 18?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Estates Partition Act, 1897 Section 18. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in West Bengal, confirm the wording against the official state gazette or authorized publication.

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