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Report No. 83

7.24. Section 27.-

Section 27 deals with the duties of the guardian of the property. Carrying out the principle laid down in section 20 (fiduciary relationship), it provides that the guardian is bound to deal with the property of the Ward, as carefully as a man of ordinary prudence would deal with it if it were his own, and subject to the provisions of this chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property.

Although there is abundant case law on the section, it is mostly concerned with the application of the section in the innumerable situations of infinite variety that present themselves in actual life no serious problems arising from the substance or form of the section have come to notice and we do not therefore recommend any change in the section.

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

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