Guardians and Wards Act (Guardians Act)
Master statutory directory covering all 53 sections of Guardians and Wards Act. Live search by section number or subject matter, and click through to the complete statutory practice guide.
Master statutory directory covering all 53 sections of Guardians and Wards Act. Live search by section number or subject matter, and click through to the complete statutory practice guide.
| Section | Statutory Provision & Subject | Guide |
|---|---|---|
| Sec 1 | Title, extent and commencement | Guide |
| Sec 2 | Repealed | Guide |
| Sec 3 | Saving of jurisdiction of Courts of Wards and Chartered High Courts | Guide |
| Sec 4 | Definitions (Minor, Guardian, Ward, District Court) | Guide |
| Sec 5 | Power to appoint guardians | Guide |
| Sec 6 | Saving of power to appoint in other cases | Guide |
| Sec 7 | Power of the Court to make order as to guardianship (Appointment or declaration of guardian by District Court) | Guide |
| Sec 8 | Persons entitled to apply for order | Guide |
| Sec 9 | Court having jurisdiction to entertain application (Place where minor ordinarily resides for person; where property situate) | Guide |
| Sec 10 | Form of application | Guide |
| Sec 11 | Procedure on admission of application | Guide |
| Sec 12 | Power to make interlocutory order for production of minor and interim protection of person and property | Guide |
| Sec 13 | Hearing of evidence before making of order | Guide |
| Sec 14 | Simultaneous proceedings in different Courts | Guide |
| Sec 15 | Appointment or declaration of several guardians | Guide |
| Sec 16 | Survivorship among joint guardians | Guide |
| Sec 17 | Matters to be considered by the Court in appointing guardian (Paramount welfare of the minor) | Guide |
| Sec 18 | Appointment or declaration of Collector in virtue of office | Guide |
| Sec 19 | Guardian not to be appointed by the Court in certain cases (Father alive and not unfit) | Guide |
| Sec 20 | Fiduciary relation of guardian to ward | Guide |
| Sec 21 | Capacity of minors to act as guardians | Guide |
| Sec 22 | Remuneration of guardian | Guide |
| Sec 23 | Control of Collector as guardian | Guide |
| Sec 24 | Duties of guardian of the person | Guide |
| Sec 25 | Title of guardian to custody of ward (Order for return of ward to custody of guardian) | Guide |
| Sec 26 | Removal of ward from jurisdiction | Guide |
| Sec 27 | Duties of guardian of property | Guide |
| Sec 28 | Powers of testamentary guardian | Guide |
| Sec 29 | Limitation of powers of guardian of property appointed or declared by the Court (Court sanction mandatory for sale/mortgage) | Guide |
| Sec 30 | Voidability of transfers made in contravention of section 28 or section 29 | Guide |
| Sec 31 | Practice with respect to permitting transfers under section 29 | Guide |
| Sec 32 | Variation of powers of guardian of property appointed or declared by the Court | Guide |
| Sec 33 | Right of guardian so appointed or declared to apply to the Court for opinion in management of property | Guide |
| Sec 34 | Obligations on guardian of property appointed or declared by the Court | Guide |
| Sec 35 | Suit against guardian where administration-bond was taken | Guide |
| Sec 36 | Suit against guardian where administration-bond was not taken | Guide |
| Sec 37 | General liability of guardian as trustee | Guide |
| Sec 38 | Right of survivorship among joint guardians | Guide |
| Sec 39 | Removal of guardian (Abuse of trust, failure to perform duties, ill-treatment, bankruptcy, adverse interest) | Guide |
| Sec 40 | Discharge of guardian | Guide |
| Sec 41 | Cessation of authority of guardian | Guide |
| Sec 42 | Appointment of successor to guardian dead, discharged, or removed | Guide |
| Sec 43 | Orders for regulating conduct or proceedings of guardians, and enforcement thereof (Injunction & fine up to ₹100 / civil jail) | Guide |
| Sec 44 | Penalty for removal of ward from jurisdiction | Guide |
| Sec 45 | Penalty for contumacy | Guide |
| Sec 46 | Reports by Collectors and Subordinate Courts | Guide |
| Sec 47 | Orders appealable (Appeal to High Court against orders under Sec 7, 9, 25, 29, 39) | Guide |
| Sec 48 | Finality of other orders | Guide |
| Sec 49 | Costs | Guide |
| Sec 50 | Power of High Court to make rules | Guide |