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Report No. 83

6.23. Recommendation to add clause (bb).-

The section does not, however, give the minor himself a right to apply to the Court. The general view1 is that without an application under section 8 the Court cannot proceed in the matter. It may be noted that in England, a minor possessing property, if his parents are dead and if there is no testamentary guardian, may, after attaining the age of 14 years (male) or 12 years (female), himself "elect" a guardian.2

1. (a) Sakina v. Mahomed, AIR 1928 Lah 456; (b) Jaiwanti v. Gajadhar, 1921 ILA 38 Cal 783 (785).

2. Halsbury's, 4th Edn., Vol. 24, p. 224, footnote 5, citing Edwards (ex parte), (1747) 3 A&E 519, and Brown's Will (in re:), (1881) 18 Ch D 61 (72, 76) (CA) and other cases.

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

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