Section 248
Local Level To Receive Property Under Succession
(1) If
succession to the property of a person is opened and he or she has
no heir or his or her heir declines to accept such succession, the
property of the dead person remaining after deducting the costs
incurred in the performance of his or her funeral and obsequies rites
and even after payment of debts due to his or her creditors shall be
devolved on the Local Level.
(2) If a person dies and has no heir but has property, a
person who performs his or her obsequies or maintains his or her
books and accounts shall immediately give a notice thereof to the
Local Level.
(3) If a notice is received pursuant to sub-section (2), the
Local Level shall prepare an inventory of the properties of the
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deceased in witness of at two local persons and forward the
inventory, accompanied by a copy of the memorandum (Muchulka)
executed to that effect, to the concerned district level administrative
office.
(4) If a memorandum, along with the inventory of
properties, is received pursuant to sub-section (3) and the address of
the deceased is traced out, such an office shall send a notice in
accordance with law to the heir of the deceased to appear to receive
the property of the deceased within a period of three months.
(5) If the heir does not accept the property pursuant to subsection
(1) or the heir of the deceased does not appear within the
time-limit referred to in sub-section (4) or the address of such heir
is not traced out, such an office shall publish a notice in a national
newspaper, inviting his or her heir, if any, to appear to claim the
property of the deceased, within a period of thirty five days.
(6) If the heir of the deceased appears within the time-limit
referred to in sub-section (5), the property that remains after
deducting therefrom the expenses incurred in the performance of
obsequies of the deceased or providing such expenses to the person
having performed such obsequies, and ten percent of the property,
shall be returned to the concerned heir.
(7) If no heir of the deceased appears within the time-limit
referred to in sub-section (5) or his or her address is not traced out,
the property that remains after deducting therefrom the expenses
incurred in the performance of obsequies of the deceased, which
amount is to be provided to the person having performed such
obsequies, shall devolve on the concerned Local Level.
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(8) The concerned heir or the office under sub-section (3)
shall hand over the property receivable by the Local Level pursuant
to sub-section (1) or (7) to the Local Level in accordance with law.
(9) The Local Level shall use the property that it has
received pursuant to this Section for public interest.