Home  /  Guardians and Wards Act  /  Section 36

Section 36: Suit against guardian where administration-bond was not taken

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 35 All 53 Sections of Guardians and Wards Act Section 37

Legal Commentary & Landmark Judgments: Section 36

Section 36 establishes the right to sue a defaulting property guardian for an account and damages where no administration bond was taken by the court, acting through a next friend or upon majority.

  • Suit in Absence of Bond: Where a guardian has not given an administration bond, any person with the leave of the court may institute a suit against the guardian for an account and recovery of damages.
  • Next Friend Representation: The suit may be instituted during the ward's minority by a next friend appointed by the court.
  • Ward's Right Upon Majority: The ward may himself institute the suit within three years of attaining majority under Article 59 of the Limitation Act, 1963.
Key Landmark Precedents:
  • Devgonda Patil v. Shamgonda Patil AIR 1992 Bom 189: The High Court affirmed that a minor upon attaining majority has an unfettered right under Section 36 to demand a complete judicial accounting from the guardian.
  • Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42: Reiterated that the absence of a formal bond does not shield a faithless guardian from plenary civil liability for misappropriation.
Courtroom Practice & Strategic Litigation Guidance:

If representing a former minor who discovered upon attaining 18 years that his court-appointed guardian siphoned off rental income or timber revenue, file a suit under Section 36 for rendition of accounts within 3 years of majority.

Section 35 All 53 Sections of Guardians and Wards Act Section 37