Bare Act Search Results

Guardians and Wards Act, 1890 Section 38

Title: Right of Survivorship Among Joint Guardians

State: Central

Year: 1890

On the death of one of two or more joint guardians, the guardianship continues to the survivor or survivors until a further appointment is made by the Court.

Guardians and Wards Act, 1890 Complete Act

State: Central

Year: 1890

.....thereof may be attended by, such of the persons interested in the aplication as the Court thinks fit. (3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subject-matter of the application. SECTION 34: OBLIGATIONS ON GUARDIAN OF PROPERTY APPOINTED OR DECLARED BY THE COURT - Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, he shall,- (a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the Judge of the Court to ensure for the benefit of the Judge for the time being, with or without sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the property of the ward; (b) if so required by the Court, deliver to the Court, within six months from the date of his appointment or declaration by the Court, or within such other time as the Court directs, a statement of the immovable property belonging to the ward, of the money and other movable property.....

Guardians and Wards Act, 1890 Chapter III

Title: Duties, Rights and Liabilities of Guardians

State: Central

Year: 1890

.....more than one year beyond the date on which the ward will cease to be a minor. Section 30 - Voidability of transfers made in contravention of section 28 or section 29 A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby. Section 31 - Practice with respect to permitting transfers under section 29 (1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward. (2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which that act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him. (3) The Court may in its discretion attach to the permission.....

Guardians and Wards Act, 1890 Chapter II

Title: Appointment and Declaration of Guardians

State: Central

Year: 1890

.....guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act. Section 8 - Persons entitled to apply for order An order shall not be made under the last foregoing section except on the application of (a) the person desirous of being, or claiming to be, the guardian of the minor; or (b) any relative or friend of the minor; or (c) the Collector of the district or other local area within which the minor ordinarily resides or in which he has property; or (d) the Collector having authority with respect to the class to which the minor belongs. Section 9 - Court having jurisdiction to entertain application (1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. (2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides, or to a District Court having jurisdiction in a place where he has property. (3) If.....

Guardians and Wards Act, 1890 Section 15

Title: Appointment or Declaration of Several Guardians

State: Central

Year: 1890

(1) If the law to which the minor is subject admits of his having two or more joint guardians of his person or property or both, the Court may, if it thinks fit, appoint or declare them. 1[* * *] (4) Separate guardians may be appointed or declared of the person and of the property of a minor. (5) If a minor has several properties, the Court may, if it thinks fit, appoint or declare a separate guardian for any one or more of the properties. ________________________ 1. Sub-sections (2) and (3) omitted by Act 3 of 1951, section 3 and Schedule

Guardians and Wards Act, 1890 Chapter IV

Title: Supplemental Provisions

State: Central

Year: 1890

.....Collectors, have been appointed or declared by the Court; and (j) generally, for the guidance of the Courts in carrying out the purposes of this Act. (2) Rules under clauses (a) and (i) of sub-section (1) shall not have effect until they have been approved by the2[State Government], nor shall any rule under this section have effect until it has been published in the Official Gazette. ________________________ 1. Inserted by Act 17 of 1929, section 3. 2. Substituted by A.L.O. 1950, for the words "Provincial Government". Section 51 - Applicability of Act to guardians already appointed by Court A guardian appointed by, or holding a certificate of administration from a civil Court under any enactment repealed by this Act shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules, made under it, as if he had been appointed or declared by the Court under Chapter II. Section 52 - Amendment of Indian Majority Act [Repealed] [Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule]. Section 53 - Amendment of Chapter XXXI of the Code of Civil Procedure [Repealed] [Repealed by the Code of Civil Procedure, 1908 (5 of.....

Guardians and Wards Act, 1890 Section 47

Title: Orders Appealable

State: Central

Year: 1890

An appeal shall lie to the High Court from an order made by a1[* * *] Court,- (a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or (b) under section 9, sub-section (3), returning an application; or (c) under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian; or (d) under section 26, refusing leave for the removal of a ward from the limits of the jurisdiction of the Court, or imposing conditions with respect thereto; or (e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or (f) under section 32, defining, restricting or extending the powers of a guardian; or (g) under section 39, removing a guardian; or (h) under section 40, refusing to discharge a guardian; or (i) under section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians or enforcing the order ; or (j) under section 44 or section 45, imposing a penalty. ________________________ 1. The word "district" repealed by Act 4 of 1926, section 4.

Guardians and Wards Act, 1890 Complete Act

Title: Guardians and Wards Act, 1890

State: Central

Year: 1890

.....of powers of guardian of property appointed or declared by the Court Section30 - Voidability of transfers made in contravention of section 28 or section 29 Section31 - Practice with respect to permitting transfers under section 29 Section32 - Variation of powers of guardian of property appointed or declared by the Court Section33 - Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward Section34 - Obligations on guardian of property appointed or declared by the Court Section34A - Power to award remuneration for auditing accounts Section35 - Suit against guardian where administration-bond was taken Section36 - Suit against guardian where administration-bond was not taken Section37 - General liability of guardian as trustee Section38 - Right of survivorship among joint guardians Section39 - Removal of guardian Section40 - Discharge of guardian Section41 - Cessation of authority of guardian Section42 - Appointment of successor to guardian dead, discharged or removed Chapter IV Section43 - Orders for regulating conduct or proceedings of guardian, and enforcement of those orders Section44 - Penalty for removal.....