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Guardians and Wards Act,1890

[Act No. 8 of Year 1890, dated 21st. March, 1890]

Contents

Sections

Particulars

Chapter I

Preliminary

1

Title, extent and commencement

2

[Repealed by the Repealing Act, 1938, s. 2 and Sch.]

3

Saving of jurisdiction of Courts of Wards and Chartered High Courts

4

Definitions

Chapter II

Appointment And Declaration Of Guardians

5

Power of parents to appoint in case of European British subjects

6

Saving of power to appoint in other cases

7

Power of the court to make order as to guardianship

8

Persons entitled to apply for order

9

Court having jurisdiction to entertain application

10

Form of application

11

Procedure on admission of application

12

Power to make interlocutory order for production of minor and interim protection of person and property

13

Hearing of evidence before making of order

14

Simultaneous proceedings in different courts

15

Appointment or declaration of several guardians

16

Appointment or declaration of guardian for property beyond jurisdiction of the court.

17

Matters to be considered by the court in appointing guardian

18

Appointment or declaration of Collector in virtue of office

19

Guardian not to be appointed by the court in certain cases

Chapter III

Duties, Rights And Liabilities Of Guardians General

20

Fiduciary relation of guardian to ward

21

Capacity of minors to act as guardians

22

Remuneration of guardian

23

Control of Collector as guardian

24

Duties of guardian of the person

25

Title of guardian to custody of ward

26

Removal of ward from jurisdiction

27

Duties of guardian of property

28

Powers of testamentary guardian

29

Limitation of powers of guardian of property appointed or declared by the court

30

Voidability of transfers made in contravention of section 28 or section 29

31

Practice with respect to permitting transfers under section 29

32

Variation of powers of guardian of property appointed or declared by the court

33

Right of guardian so appointed or declared to apply to the court for opinion in management of property of ward.

34

Obligations on guardian of property appointed or declared by the court

34A

Power to award remuneration for auditing accounts

35

Suit against guardian where administration

36

Suit against guardian where administration-bond was not taken

37

General liability of guardian as trustee

38

Right of survivorship among joint guardians

39

Removal of guardian

40

Discharge of guardian

41

Cessation of authority of guardian

42

Appointment of successor to guardian dead, discharged or removed

Chapter IV

Supplemental Provisions

43

Orders for regulating conduct or proceedings of guardian, and enforcement of those orders

44

Penalty for removal of ward from jurisdiction

45

Penalty for contumacy

46

Reports by Collectors and subordinate Courts

47

Orders appealable

48

Finality of other orders

49

Costs

50

Power of High Court to make rules

51

Applicability of Act to guardians already appointed by Court

52

Amendment of Indian Majority Act 

53

Amendment of Chapter XXXI of the Code of Civil Procedure

An Act to consolidate and amend the law relating to guardians and wards 

WHEREAS it is expedient to consolidate and amend the law relating to guardian and ward; it is hereby enacted as follows: -



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