Section 11Part 0 —
Provisions as to proceeds of sales of property where service of notice is dispensed with
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Where an order is made under this Act dispensing with service of notice on any person or class of persons, and property is sold by order of the Court —
the proceeds of sale shall be paid into Court to abide with further order of the Court;
the Court shall, by order, fix a time at the expiration of which the proceeds will be distributed, and may, from time to time, by further order, extend that time;
the Court shall direct such notices to be given, by advertisements or otherwise, as it thinks best adapted for notifying to any persons on whom service is dispensed with, who may not have previously come in and established their claims, the fact of the sale, the time of the intended distribution and the time within which a claim to participate in the proceeds must be made;
if, at the expiration of the time so fixed or extended, the interests of all the persons or classes of persons interested have been ascertained, the Court shall distribute the proceeds in accordance with the rights so ascertained; and
if, at the expiration of the time so fixed or extended, the interests of all the persons interested have not been ascertained, and it appears to the Court that they cannot be ascertained, or cannot be ascertained without expense disproportionate to the value of the property or of the unascertained interests, the Court shall distribute the proceeds in such manner as appears to the Court to be most in accordance with the rights of the persons whose claims to participate in the proceeds have been established, whether all those persons are or are not before the Court, and with such reservations, if any, as to the Court may seem fit in favour of any other persons (whether ascertained or not) who may appear, from the evidence before the Court, to have any prima facie rights which ought to be so provided for, although such rights may not have been fully established, but to the exclusion of all other persons; and thereupon all such other persons shall, by virtue of this Act, be excluded from participation in those proceeds on the distribution thereof; but, notwithstanding the distribution, any excluded person may recover from any participating person any portion received by that participating person of the share of the excluded person.