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Report No. 83

6.17. No change recommended as to minor's interest in undivided property.-

No doubt, having regard to the object of guardianship proceedings, namely, to protect the child, there is something to be said in favour of a specific power to appoint a guardian of the interest of a minor in undivided property. However, it appears to us that the extension of the jurisdiction to all Courts may be fraught with certain risks.

Appointment of a guardian for an interest in joint family property requires the delicate weighing of several factors. Preservation of the power of the High Court is regarded as beneficial for all concerned-the minor as well as the other shearers, as was observed in one of the Bombay cases.1 But we are not inclined to confer a similar jurisdiction on other Courts, who may not be able to bring to bear the mature judgment and delicate balancing of conflicting considerations which may be needed in such cases.

1. Jairam Luxmon, 1892 ILR 16 Born 634 (636).

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

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