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Report No. 83

7.26. Transfer of valuable, movable property.-

Section 29 imposes certain limitations on the power of a guardian of property (not being the Collector or testamentary guardian) appointed or declared by the Court, in relation to the alienation of immovable property. Permission of the Court is required for the specified classes of transfers.

We notice that the section is silent as to the disposal of movable property, being concerned exclusively with immovable property. So far as movable property is concerned, the Act does not directly impose any restriction on the powers of the guardian, except such as may flow from the general fiduciary position of the guardian1 or from obligations imposed by the Court under sections 32 to 34 and similar general or residuary provisions.

Authority on this subject is scanty. In a Bombay case2 decided under the Bombay Minors Act, 1864, it was held that the general rule was that a Hindu guardian could pledge the property of the ward for beneficial purposes, and in respect of movables, there was no provision in section 18 of the Act of 1864. However, the incurring of marriage expenses was specifically prohibited by that Act.

The Act of 1890, as stated above, contains no direct provision on the subject.

1. Section 20, Guardians and Wards Act, 1890.

2. Maharana Shri Ranmal Singh v. Vadilal Vakhatrehand, 1894 ILR 20 Born 61 (71), overruled on another point in ILR 26 Born 221.

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

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