Family and Personal Law
The Guardians and Wards Act, 1890
Act 8 of 1890 · 55 sections
Title, date and preamble
[21st March, 1890.]
An Act to consolidate and amend the law relating to Guardian and Ward.
WHEREAS it is expedient to consolidate and amend the law relating to guardian and ward; It is
hereby enacted as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II APPOINTMENT AND DECLARATION OF GUARDIANS
- 5.Power of parents to appoint in case of European British subjects
- 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
CHAPTER III DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS
General
Guardian of the person
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.Viodability 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
CHAPTER IV 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.Amendment of Indian Majority Act
- 53.Amendment of Chapter XXXI of the Code of Civil Procedure
Schedules and appendices
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