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Showing posts with label guardian and wards Act. Show all posts
Showing posts with label guardian and wards Act. Show all posts
Thursday, 6 August 2026

Guardian, Benefits, and Judicial Safeguards: Drafting Minor-Property Orders That Can Survive Appellate Scrutiny

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  When a court is asked to appoint a guardian so that a relative may receive service benefits, insurance proceeds, compensation, or other mo...
Sunday, 2 August 2026

Best Practices in Guardian Appointment Orders: A Checklist for Judicial Clarity

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  A procedural and drafting reference for District Judges and Presiding Officers hearing applications under the Guardians and Wards Act, 189...

Kerala HC explains the concept of evident advantage to the ward under Guardian and wards Act

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Family - Permission to alienate property - Petition filed under Section 29 of the Guardians and Wards Act, 1890 for permission to alienate t...
Sunday, 7 June 2026

Supreme Court summarises the principles of S 8 of Hindu Minority and Guardianship Act

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The Court summarised principles on Section 8, culled out from various precedents, as follows : 1. Section 8 imposes a statutory restraint on...
Wednesday, 26 November 2025

COMPREHENSIVE CHECKLIST TOOLKIT FOR DISTRICT JUDGE FOR APPOINTMENT OF GUARDIAN OF MINOR FOR WITHDRAWAL OF SERVICE BENEFITS OF THEIR DECEASED FATHER

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  Guardianship Appointment & Service Benefits Withdrawal Minor Child (Deceased Father) - Grandmother Applicant PART A: PRE-ADMISSI...
Sunday, 12 October 2025

Allahabad HC: Ordinary residence of child for the purpose of S 9 of Guardian and wards Act is mixed question of law and fact and it can not be decided in application for rejection of plaint

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 In the instant case, the factum of 'ordinary residence' of the minor is a disputed question of fact and thus, the question whether ...

Punjab & Haryana HC: Jurisdiction of district court under S 9 of guardian and wards Act is mixed question of law and fact

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 It is evident from a bare reading of the above that the solitary test for determining the jurisdiction of the court under Section 9 of the ...
Friday, 15 August 2025

Custody Law Crossroads: Why DV Act Can’t Replace Guardianship Proceedings

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 Imagine a mother seeking to take her child abroad for over two years for studies or work—but doing so without the father’s consent and thro...
Friday, 4 July 2025

Important provisions of Guardian and Wards Act 1890

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Core Definitions (Section 4) Minor : Person who has not attained majority under Indian Majority Act 1875 Guardian : Person having care of ...
Thursday, 13 March 2025

Under which circumstances the legal guardian of muslim minor is competent to sell or . mortgage the property of the minors?

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SECTION 108 OF B.R. VERMA'S COMMENTARY ON MOHAMMEDAN LAW: 108. Power of guardian.- A legal guardian shall be entitled to exercise the fo...
Wednesday, 12 March 2025

Checklist for District judges of necessary pre- requisite for passing order of sale of immovable property of minor as per provisions of Guardian and wards Act

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The district judge must follow a structured procedure and exercise due diligence when considering a petition for the sale of a minor's p...
Saturday, 31 August 2024

Bombay HC: An adult member can sell the Minor's undivided interest in joint family property if it is for legal necessity

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Hindu Minority and Guardianship Act (1956), Ss.6,8,12 - Minor's undivided interest in joint family property - Sale of minor's share ...
Friday, 1 December 2023

Whether the court should decide child custody dispute in his best interest in preference to his best wishes?

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Paragraph 85 of the impugned judgment would reveal that the High Court had enquired about the desire and comfort of the child with respect t...
Saturday, 18 November 2023

Important provisions of Hindu Minority and Guardianship Act, 1956

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2. Act to be supplemental to Act 8 of 1890 .—The provisions of this Act shall be in addition to, and not, save as hereinafter expressly prov...
Thursday, 28 September 2023

What is the difference between provisions of Guardian and wards Act 1890 and Hindu minority and guardianship Act 1956?

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  The Guardian and Wards 1890 is a secular act that applies to every citizen and communities of India while Hindu minority and guardianship ...
Saturday, 23 September 2023

Important provisions of Guardian and wards Act 1890

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  4. Definitions .—In this Act, unless there is something repugnant in the subject or context,— (1) “minor” means a person who, under the pr...
Saturday, 11 January 2020

Whether purchaser of immovable property is bound to make enquiry whether seller is minor or suffering from legal disability?

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 Once it is proved that the plaintiff was a minor at the time of execution of the sale deed, the sale deed cannot be held to be a legal an...
Monday, 21 October 2019

Whether appeal is maintainable against interlocutory order passed by family court under guardian and wards Act?

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As discussed above, the coordinate High Courts are of the view that the plain reading of the provisions of the G & W Act reflect t...
Friday, 31 May 2019

Leading Supreme court Judgment on right of mother to act as guardian of minor child during lifetime of father

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The expression 'natural guardian' has been defined in Section 4(c) as noticed above to mean any of the guardians as mentioned in S...
Sunday, 23 December 2018

Whether a party can seek modification of child custody order in absence of change of circumstances?

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It is contended by the appellant that all custody orders, by their very nature, are temporary and that therefore, they are capable of bein...