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Report No. 83

8.11. Recommendation to insert sub-section (3A) in section 41.-

In view of the points made above, we recommend that in section 41, a new sub-section, somewhat on the following lines, should be inserted:-

"(3A) Where the powers of a guardian cease by reason of the death of the ward, the Court may, without prejudice to the powers conferred on it by sub-section (3), require the guardian, or if he is dead, his representative, to deliver the property or accounts referred to in sub-section (3) to such person as the Court may, after a summary inquiry, determine to be the person legally entitled thereto by reason of the death of the ward:

"Provided that any determination by the Court shall be limited to the orders to be passed under this section and shall not affect the title of any other person claiming to be so entitled:

Provided further that the Court may, in an appropriate cane, direct any person claiming to be so entitled to take appropriate legal proceedings for the establishment of his title and make such orders as the Court thinks fit for the custody of such property or accounts pending the result of such legal proceedings."

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

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