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LAWGIST

The Guardians and Wards Act

An Act to consolidate and amend the law relating to Guardian and Wards.
1890
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Title, extent and commencement
  3. 2
     [Repealed.]
  4. 3
     Saving of jurisdiction of Courts of Wards and Chartered High Courts
  5. 4
     Definitions
  6. 4A
     Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers

  • APPOINTMENT AND DECLARATION OF GUARDIANS

  • 5
     [Omitted.]
  • 6
     Saving of power to appoint in other cases
  • 7
     Power of the Court to make order as to guardianship
  • 8
     Persons entitled to apply for order
  • 9
     Court having jurisdiction to entertain application
  • 10
     Form of application
  • 11
     Procedure on admission of application
  • 12
     Power to make interlocutory order for production of minor and interim protection of person and property
  • 13
     Hearing of evidence before making of order
  • 14
     Simultaneous proceedings in different Courts
  • 15
     Appointment or declaration of several guardians
  • 16
     Appointment or declaration of guardian for property beyond jurisdiction of the Court
  • 17
     Matters to be considered by the Court in appointing guardian
  • 18
     Appointment or declaration of Collector in virtue of office
  • 19
     Guardian not to be appointed by the Court in certain cases

  • General

  • 20
     Fiduciary relation of guardian to ward
  • 21
     Capacity of minors to act as guardians
  • 22
     Remuneration of guardian
  • 23
     Control of Collector as guardian

  • Guardian of the person

  • 24
     Duties of guardian of the person
  • 25
     Title of guardian to custody of ward
  • 26
     Removal of war from jurisdiction

  • Guardian of property

  • 27
     Duties of guardian of property
  • 28
     Powers of testamentary guardian
  • 29
     Limitation of powers of guardian of property appointed or declared by the Court
  • 30
     Voidability of transfers made in contravention of section 28 or section 29
  • 31
     Practice with respect to permitting transfers under section 29
  • 32
     Variation of powers of guardian of property appointed or declared by the Court
  • 33
     Right of guardian so appointed or declared to apply to the Court for opinion in management of property, of ward
  • 34
     Obligations on guardian of property appointed or declared by the Court
  • 34A
     Power to award remuneration for auditing accounts
  • 35
     Suit against guardian where administration-bond was taken
  • 36
     Suit against guardian where administration-bond was not taken
  • 37
     General liability of guardian as trustee

  • Termination of guardianship

  • 38
     Right of survivorship among joint guardians
  • 39
     Removal of guardian
  • 40
     Discharge of guardian
  • 41
     Cessation of authority of guardian
  • 42
     Appointment of successor to guardian dead, discharged or removed

  • SUPPLEMENTAL PROVISIONS

  • 43
     Orders for regulating conduct or proceedings of guardians, and enforcement of those orders
  • 44
     Penalty for removal of ward from jurisdiction
  • 45
     Penalty for contumacy
  • 46
     Reports by Collectors and subordinate Courts
  • 47
     Orders appealable
  • 48
     Finality of other orders
  • 49
     Costs
  • 50
     Power of High Court to make rules
  • 51
     Applicability of Act to guardians already appointed by Court
  • 52
     [Repealed.]
  • 53
     [Repealed.]