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Report No. 83

8.8. Section 41(3).- Precise order.-

Assuming that section 41 applies to the case of the death of the ward,1 there is some obscurity as to the precise order to be passed by the Court in such a situation under section 41(3). Should it be an order for-

(a) delivery of the property to the heir of the minor, or

(b) filing of an inter-pleader suit,2 or

(c) directing any other course?

1. Para. 8.7, supra.

2. See discussion in Sugrabi (Mt.) v. Mustakem Khan, AIR 1944 Nag 334 (335).

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

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