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Report No. 83

6.65. Section 19 and testamentary guardians.-

We now proceed to a consideration of points concerning particular clauses of section 19. These clauses prohibit the appointment of a guardian in specified circumstances. Such a prohibition may arise from other rules also. For example, where a testamentary guardian has been properly appointed under a will duly executed, an order appointing another guardian cannot be made1 until the powers of the guardian appointed under the will have ceased under the provisions of the Act.

1. Section 7(3).

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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