3. In case of a Hindu, Mussalman or other person subject to the jurisdiction of the Zila Courts dying intestate, but leaving a son or other heir, who, by the laws of the country, may be entitled to succeed to the whole estate of the deceased, such heir, if of age and competent to take the possession and management of the estate, or, if under age or incompetent and not under the superintendence of the courts of Wards, his guardian or nearest of kin who, by special appointment or by the law and usage of the country, may be authorised to act for him, is not required to apply to the Courts of Justice for permission to take possession of the estate of the deceased as far as the same can be done without violence; and the Courts of Justice are restricted from interference in such cases, except a regular complaint be preferred.