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Report No. 83

6.18. Section 7 and conditional orders.-

This disposes of the points concerning the "property" covered by section 7. As to the nature of the order to be passed under section 7, there seems to be some controversy on the question whether a conditional order for guardianship can passed. According to the Madras view,1 a conditional order to the effect that "upon petitioner furnishing security he is appointed guardian of minor's property" is bad from the very beginning, but according to the Bombay view,2 this is permissible, and this also appears to be the Lahore view.3

1. Nattia Vanketesa Perumal (in re:), AIR 1927 Mad 36 (FB).

2. Jay Singh v. Pratap Singh, AIR 1945 Born 243 (245, 247) (reviews cases).

3. Sham Das v. Umer Din, AIR 1930 Lah 497 (FB).

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

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