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Report No. 83

8.9. Recommendation as to section 41(3).-

Delivery to the heir would prima facie be an expedient alternative. However, there is no specific provision permitting delivery to the heir. The absence of power to direct delivery of the property of a deceased ward to an heir is likely to lead to serious hardship in certain cases. In our opinion, justice requires that the Court should be given1 a wide discretion in the matter. To avoid needless controversy, the law should be amended to recognise by express enumeration the powers of the Court in this respect so as to obviate the doubt expressed in some decisions.2

1. Kullappa v. Palaniappa, AIR 1950 Mad 574 (Vishwanath Sastri, J.).

2. Tulasidas v. Madhavdas, AIR 1926 Mad 148 (149) (Srinivas Ayyangar, J.).

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

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