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Report No. 83

III. Muslim Law

In Muslim law also, in default of the de jure guardians, the duty of appointing a guardian for the protection and preservation of the infant's property devolves on the Judge as the representative of the sovereign.1

Testamentary guardians.- It may also be mentioned that the capacity of Hindu and Muslim fathers to appoint, by their wills, guardians for their children after death has been recognised by the legislature in India since the date of the Permanent Settlement.1

We do not, however, propose to embark upon a detailed discussion of the rules of Hindu and Muslim law, as those rules do not seem to have furnished to any noticeable degree the source material for the content of the rules enacted in the Act of 1890.

1. Imambandi v. Mutsuddi, 1918 ILR 45 Cal 892 (893) (CPC).

2. Trevelyan on Minors, (1912), p. 63, refers, inter alai, to Bengal Regulation 5 of 1799 and Bengal Regulation 1 of 1800.

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

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