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Report No. 83

7.2. Section 20.- Section 20 deals with the fiduciary relation of the guardian to the ward, and needs no change.

7.3. Section 21--Meaning of "child".-

Section 21 provides that a minor is incompetent to act as guardian of any minor, except his own wife or child, or, where he is managing member of an undivided Hindu family, the wife or child of another minor member of that family. A doubt has arisen as to whether the expression ("child" in this section includes an adopted child).1 We think that the expression should be widely construed. No change, however, is required on this point.

1. Sundermoni v. Gokulanand, 18 CWN 160 (164).

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

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