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Report No. 83

6.2. Section 5-Powers of parents to appoint in case of European British subjects (Repealed).-

The first section in this group, though repealed, is of interest. It read as follows:-

"5. (1) Where a minor is an European British subject, a guardian or guardians of his person or property, or both, may be appointed by will or other instrument to take effect on the death of the person appointing-

(a) by the father of the minor or,

(b) if the father is dead or incapable of acting, by the mother.

(2) Where guardians have been appointed under sub-section (1) by both parents, they shall act jointly."

We are quoting this section as an interesting example of the legislative attitude as to the equality of the parents of both sexes in regard to a certain class of persons.

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

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