Bare Act Search Results

Hindu Minority and Guardinship Act,1956 Section 8

Title: Powers of Natural Guardian

State: Central

Year: 1956

.....beyond the date on which the minor will attain majority. (3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor. (5) The Guardians and Wards Act, 1890, shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular (a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof; (b) the court shall observe the procedure and have the powers specified in sub-sections (2) and (3) and (4) of section 31 of that Act; and (c)an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the natural mentioned in sub-section (2) of this section to the court to.....

Hindu Minority and Guardinship Act,1956 Section 6

Title: Natural Guardians of a Hindu Minor

State: Central

Year: 1956

The natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are (a) in the case of a boy or an unmarried girlthe father, and after him, the mother; provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; (b) in the case of an illegitimate boy or an illegitimate unmarried girlthe mother, and after her, the father; (c) in the case of a married girl the husband: Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section (a) if he has ceased to be a Hindu, or (b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi). Explanation.In this section the expressions father and mother do not include a step-father and a step-mother.

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.....

Hindu Minority and Guardinship Act,1956 Section 9

Title: Testamentary Guardians and their Powers

State: Central

Year: 1956

.....(3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 12) or in respect of both. (4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by will appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of both. (5) The guardian so appointed by will has the right to act as the minor's guardian after the death of the minor's father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will. (6) The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage.

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 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 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.....

Guardians and Wards Act, 1890 Section 39

Title: Removal of Guardian

State: Central

Year: 1890

.....trust; (d) for ill-treatment, or neglect to take proper care, of his ward; (e) for contumacious disregard of any provision of this Act or of any order of the Court; (f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be guardian of his ward; (g) for having an interest adverse to the faithful performance of his duties; (h) for ceasing to reside within the local limits of the jurisdiction of the Court; (i) in the case of a guardian of the property, of bankruptcy or insolvency; (j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject: Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed (a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that the person made and maintained the appointment in ignorance of the existence of the adverse interest, or (b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of.....

Guardians and Wards Act, 1890 Section 43

Title: Orders for Regulating Conduct or Proceedings of Guardian, and Enforcement of Those Orders

State: Central

Year: 1890

.....to an order made under sub-section (1) or sub-section (2), the order maybe enforced in the same manner as an injunction granted under section 492 or section 493 of the Code of Civil Procedure, 1882 (14 of 1882)1, in a case under sub-section (1), as if the ward were the plaintiff and the guardian were the defendant or, in a case under sub-section (2), as if the guardian who made the application were the plaintiff and the other guardian were the defendant. (5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is, as such, a guardian. ________________________ 1. Now Order XXXIX, rules 1 and 2 in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).

Guardians and Wards Act, 1890 Preamble 1

Title: Guardians and Wards Act, 1890

State: Central

Year: 1890

.....to the district of koraput by the Koraput Guardians and Wards Regulation, 1943 (Orissa Reg. 7 of 1943). It has been extended to the Union territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), subject to the following proviso:- "Provided that nothing contained in this Act shall apply to the Renoncants of the Union Territory of Pondicherry". It has been supplemented by the Hindu Minority and Guardians Act, 1956 (32 of 1956), section 2. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Schedule I and to the whole of the Union territory of Lakshdweep by Reg. 8 of 1965, Section 3 and Schedule. This Act has been enforced in the State of Sikkim, w.e.f. 1st September, 1984, vide S.O. 644(E), dated the 24th August, 1984, Gazette of India, Extraordinary, Pt. II, section 3(ii).