(1) If any party to the case is unable to be present to file a complaint, appeal or reply, to present evidence, to collect compensation or any other matter according to the judgment, or to take any other necessary action related to the case, such party shall disclose the reason for that, the heir on his behalf. can be appointed.
(2) Notwithstanding anything contained in sub-section (1), an heir shall not be appointed in the following cases:-
(a) In case of case related to offenses under Schedule-1 and Schedule-2,
(b) In the case where the accused is required to give a statement according to this Code, if he is required to appear in court and give a statement,
(c) According to this code, in case of a person who is required to be imprisoned for a preliminary hearing or in the case of demand for bail or bail, if such bail or bail cannot be given, in case of imprisonment, (d) If the court orders the parties to the case to appear in their own court for any reasonable reason, regardless of the fact that there is an heir or he is entitled to have an heir, (e) If a foreign citizen or a person without a citizenship address who is in prison or who has already given bail or bail does not post a bond equal to the punishment that may be imposed on him according to the law when the case is decided, or if he does not give bail for that,
(f) In case of unpaid penalty, fine, tithe, bisudad as per the order of the court, or
(G) For ordering that the court cannot keep an heir for any reasonable reason.
(3) If someone gives an inheritance contrary to sub-section (2), the court shall annul such inheritance.
(4) A person who meets the following qualifications can be an heir:-
(a) Contractable in accordance with prevailing law,
(b) who has not been convicted of embezzlement, forgery, corruption or other criminal offense showing moral turpitude, but nothing mentioned in this section shall be deemed to prevent any party to the case from appointing a relative of his own family as an heir.
(c) There is no fee, court fee or any penalty or fine due to be paid to the court due to government failure, execution of the judgment according to the judgment.
(5) Appointing an heir in accordance with sub-section (1).In that case, the following points should be mentioned and appointed in writing in the format according to Schedule-36:-
(a) Subject Matter,
(b) The full name, surname, address and age of the person to be inherited, citizenship number and district of citizenship,
(c) that there is no disqualification under sub-section (4) in respect of the person to be the heir,
(d) As per the order of the court, there is no penalty, fine, ten thousand and two hundred thousand remaining,
(e) Work for which he has received authority.
(6) At least two witnesses should be kept while preparing the power of attorney document.
(7) The parties appointing the heirs and the witnesses must sign the document of the will.