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Guardians and Wards Act,1890

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 the following among other conditions, namely,-

(a) that a sale shall not be completed without the sanction of the court;

(b) that a sale shall be made to the highest bidder by public auction before the court or some person specially appointed by the court for that purpose, at a time and place to be specified by the court, after such proclamation of the intended sale as the court subject to any rules made under this Act by the High Court, directs;

(c) that a lease shall not be made in consideration of a premium or shall be made for such term of years and subject to such rents and covenants as the court directs;

(d) that the whole or any part of the proceeds of that act permitted shall be paid into the court by the guardian, to be disbursed there from or to be invested by the court on prescribed securities or to be otherwise disposed of as the court directs.

(4) Before granting permission to a guardian to do an act mentioned in section 29, the court may cause notice of the application for the permission to be given to any relative or friend of the ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of any person who appears in opposition to the application.

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