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Section 35: Suit against guardian where administration-bond was taken

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 34 All 53 Sections of Guardians and Wards Act Section 36

Legal Commentary & Landmark Judgments: Section 35

Section 35 provides the statutory machinery for enforcing an administration bond against a defaulting guardian, authorizing the court to assign the bond to a third party to sue the guardian and sureties.

  • Assignment of Administration Bond: Where a guardian has given an administration bond and breaches its conditions, the court may, on application, assign the bond to any suitable person.
  • Right to Sue in Own Name: The assignee is entitled to sue on the bond in his own name as if the bond had been originally given to him.
  • Recovery of Minor's Funds: All sums recovered in the suit are held in trust for the benefit of the ward or his legal representatives.
Key Landmark Precedents:
  • Ramesh Chand v. Suresh Chand (2012) 188 DLT 538: Held that Section 35 provides a direct, potent remedy to recover defalcated funds from both the guardian and his sureties without proving common-law tortious negligence.
  • Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413: Emphasized that judicial assignment under Section 35 enforces fiduciary integrity against financial malversation.
Courtroom Practice & Strategic Litigation Guidance:

When a guardian embezzles the minor's funds or fails to account for rent, apply to the District Court under Section 35 to assign the administration bond. Once assigned, file a money recovery suit against the guardian and sureties simultaneously.

Section 34 All 53 Sections of Guardians and Wards Act Section 36