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Section 46: Saving of certain enactments and powers of Courts

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Act 1908
Section 45 All 93 Sections of Registration Act Section 47

Legal Commentary & Landmark Judgments: Section 46

Section 46 saves the provisions of the Court of Wards Act or any other local enactment relating to the custody and administration of estates of minors or wards from being affected by the provisions of Part VIII regarding wills.

  • Court of Wards Saving: Nothing in Part VIII regarding deposit of wills shall affect the provisions of the Court of Wards Act or any law relating to minors' estates.
  • Preservation of Guardian Jurisdiction: Ensures that statutory guardians and revenue collectors retain exclusive custody over ward estates without conflict.
  • Subordination to Special Ward Statutes: Statutory rules governing Court of Wards override general registration deposit provisions.
Key Landmark Precedents:
  • Rani Purnima Debi v. Kumar Khagendra Narayan Deb, AIR 1962 SC 567: Examined the interplay between the Court of Wards statutory frameworks and registration of testamentary instruments.
  • State of M.P. v. Babu Lal, (1977) 2 SCC 669: Affirmed the precedence of special protective statutes governing wards and tribal landholders.
Courtroom Practice & Strategic Litigation Guidance:

In properties governed by Court of Wards administrations, obtain prior sanction from the Collector before executing or presenting any disposition for registration.

Section 45 All 93 Sections of Registration Act Section 47