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Report No. 16

8. Official Trustee as guardian of property of minors and lunatics.-

The third suggestion made by the Government of Madras is that the Official Trustee may be empowered to accept the guardianship of the property of minors and lunatics. In Omar Tyab v. Ismail Tyab, AIR 1928 Born 69, Rangnekar J. observed:

"In my opinion the Official Trustee would be a suitable person to be appointed the guardian of property of a minor in such cases. He has got a well set-up establishment for the purpose."

In this connection, it may be mentioned that in New Zealand the Public Trustee may be appointed a guardian of any infant by any deed or will or by the Court1. We were, at one time, inclined to adopt the suggestion of the Government of Madras. But, from the comments received from some State Governments and Official Trustees it would appear that the Official Trustee would not have time to take over such work, particularly because in some States he is only a part-time officer or is a person who, while holding some substantive post, acts as Official Trustee in addition. If that be the case, the provision, even if inserted, would remain a dead letter. Accordingly, we have considered it unnecessary to incorporate any such provision.

1. Report of the Committee of Inquiry into the Public Trustee Office, Cmd. 9755, p. 30. (App. IV, item 15).

Report on the Official Trustees Act, 1913 Back

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