Skip to main content

The Guardians and Wards Act, 1890

Central

An Act to consolidate and amend the law relating to Guardian and Wards.

Act number
8 of 1890
Ministry
Ministry of Law and Justice
Department
Legislative Department
Enacted
21 Mar 1890
In force from
21 Mar 1890

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

55 sections

  1. Section 1Title, extent and commencement.
  2. Section 2[Repealed.].
  3. Section 3Saving of jurisdiction of Courts of Wards and Chartered High Courts.
  4. Section 4Definitions.
  5. Section 4APower to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.
  6. Section 5[Omitted.].
  7. Section 6Saving of power to appoint in other cases.
  8. Section 7Power of the Court to make order as to guardianship.
  9. Section 8Persons entitled to apply for order.
  10. Section 9Court having jurisdiction to entertain application.
  11. Section 10Form of application.
  12. Section 11Procedure on admission of application.
  13. Section 12Power to make interlocutory order for production of minor and interim protection of person and property.
  14. Section 13Hearing of evidence before making of order.
  15. Section 14Simultaneous proceedings in different Courts.
  16. Section 15Appointment or declaration of several guardians.
  17. Section 16Appointment or declaration of guardian for property beyond jurisdiction of the Court.
  18. Section 17Matters to be considered by the Court in appointing guardian.
  19. Section 18Appointment or declaration of Collector in virtue of office.
  20. Section 19Guardian not to be appointed by the Court in certain cases.
  21. Section 20Fiduciary relation of guardian to ward.
  22. Section 21Capacity of minors to act as guardians.
  23. Section 22Remuneration of guardian.
  24. Section 23Control of Collector as guardian.
  25. Section 24Duties of guardian of the person.
  26. Section 25Title of guardian to custody of ward.
  27. Section 26Removal of war from jurisdiction.
  28. Section 27Duties of guardian of property.
  29. Section 28Powers of testamentary guardian.
  30. Section 29Limitation of powers of guardian of property appointed or declared by the Court.
  31. Section 30Voidability of transfers made in contravention of section 28 or section 29.
  32. Section 31Practice with respect to permitting transfers under section 29.
  33. Section 32Variation of powers of guardian of property appointed or declared by the Court.
  34. Section 33Right of guardian so appointed or declared to apply to the Court for opinion in management of property, of ward.
  35. Section 34Obligations on guardian of property appointed or declared by the Court.
  36. Section 34APower to award remuneration for auditing accounts.
  37. Section 35Suit against guardian where administration-bond was taken.
  38. Section 36Suit against guardian where administration-bond was not taken.
  39. Section 37General liability of guardian as trustee.
  40. Section 38Right of survivorship among joint guardians.
  41. Section 39Removal of guardian.
  42. Section 40Discharge of guardian.
  43. Section 41Cessation of authority of guardian.
  44. Section 42Appointment of successor to guardian dead, discharged or removed.
  45. Section 43Orders for regulating conduct or proceedings of guardians, and enforcement of those orders.
  46. Section 44Penalty for removal of ward from jurisdiction.
  47. Section 45Penalty for contumacy.
  48. Section 46Reports by Collectors and subordinate Courts.
  49. Section 47Orders appealable.
  50. Section 48Finality of other orders.
  51. Section 49Costs.
  52. Section 50Power of High Court to make rules.
  53. Section 51Applicability of Act to guardians already appointed by Court.
  54. Section 52[Repealed.].
  55. Section 53[Repealed.].