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Report No. 83

8.6. Section 41 and its applicability to death of ward.-

The second question is concerned with the death of the ward. Section 41(3) provides that when "for any cause" the powers of a guardian cease, the Court may require him or, if he is dead, his representative, to deliver as it may direct any property in his possession or control belonging to the ward or any accounts in his possession or control relating to any past or present property of the ward.

There is, however, some doubt as to whether sub-section (3) of section 41 is applicable where the minor himself dies. The controversy hinges on the construction of the words "any cause" appearing in sub-section (3). The Allahabad

High Court takes the narrower view in this respect1 In a Bombay case,2 the Court granted a discharge to the guardian on the death of the minor, thus impliedly adopting the wider view. The Lahore High Court3 also takes the wider view.

1. Chandra Bhukhan v. Sajan Kumar, 1920 ILR 42 All 1 (4, 5).

2. Murlidhar v. Vallabhdas, 1909 ILR 33 Born 419 (421).

3. Shibcharan v. Bhawani, AIR 1928 Lah 495 (496).

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

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