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Section 29 – The Guardians and Wards Act, 1890

The Guardians and Wards Act, 1890

 

 

29. Limitation of powers of guardian of property appointed or declared by the Court.-

 

Where a person other than a Collector, or than a guardian appointed by will or other instruments, has been appointed or declared by the Court to be guardian of the property of award, he shall not, without the previous permission of the Court,- Mortgage or charge or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.

 

COMMENTS

 

Guardian is bound by the order of the Court and is under an obligation to return the property of the minor heirs for whom he had acted as guardian. The guardian is responsible to the Court and is obliged to act in the best interest of the minor. The guardian cannot part with the property of the minor without the Court’s permission and is not authorised to sell the property of the minor to its detriment; Vice Chancellor Sampurnanand Sanskrit Vidyalaya, Varanasi v. Brahm Gopal, AIR 1993 All 233; See also Gyasuddin v. Allah Tala Waqf Mausuma, AIR 1986 All 39.

 

 

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The Guardians and Wards Act, 1890

 

Indian Laws – Bare Acts

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