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Report No. 83

3.5. Statutory provisions.-

The statutory law of guardianship in India is to be found principally-but not exclusively-in the Guardians and Wards Act, 1890 (18 of 1890) and in the Hindu Minority and Guardianship Act, 1956 (32 of 1956). Besides these, the Chartered High Courts1 have special jurisdiction conferred on them by their respective Charters or Letters Patent. Courts of Wards-principally concerned with Revenue paying estates are governed by State Acts wherever such legislation still exists. Testamentary guardians can be appointed under the Succession Act2 or under the Hindu Minority and Guardianship Act.3-4

1. (a) Dattatraya (in re:), ILR 58 Born 519. (b) Mahadeo Krishna, AIR 1937 Born 1932.

2. Section 60, Indian Succession Act, 1925.

3. Section 9, Hindu Minority and Guardianship Act, 1956.

4. See para. 3.4, supra.



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




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