GUARDIANSHIP AND MANAGEMENT

Powers of Court of Wards as to estate under its superintendence

§38

Summary

(1) The Court of Wards may mortgage or sell the whole or any part of any estate under its superintendence, and may give leases or farms of the whole or any part of such estate for such terms, as it thinks fit and may make such remissions of rent or other dues and may generally pass such orders and do such acts not inconsistent with the provisions of this Act or any other law in force for the time being, as it may judge to be for the advantage of the ward or for the benefit of the estate: Provided that no estate placed under the superintendence of the Court of Wards under section 10 shall be sold in whole or in part without the consent of the landholder except on the ground that the debts and liabilities with the estate is charged, are such as to render their liquidation within a reasonable time impracticable, and that the release of the estate under section 45 is inexpedient owing to contracts or engagements entered into or liabilities undertaken during the superintendence of the Court of Wards. (2) A certificate granted to the purchaser by the Court of Wards to the effect,- (a) that the consent of the landholder to the sale has been obtained, or (b) that the sale has been made in circumstances which under the proviso to sub-section (1) of this section render such consent unnecessary; shall be conclusive proof as defined by section 4 of the Indian Evidence Act, 1872 of the truth of those facts.

(1) The Court of Wards may mortgage or sell the whole or any part of any estate under its superintendence, and may give leases or farms of the whole or any part of such estate for such terms, as it thinks fit and may make such remissions of rent or other dues and may generally pass such orders and do such acts not inconsistent with the provisions of this Act or any other law in force for the time being, as it may judge to be for the advantage of the ward or for the benefit of the estate: Provided that no estate placed under the superintendence of the Court of Wards under section 10 shall be sold in whole or in part without the consent of the landholder except on the ground that the debts and liabilities with the estate is charged, are such as to render their liquidation within a reasonable time impracticable, and that the release of the estate under section 45 is inexpedient owing to contracts or engagements entered into or liabilities undertaken during the superintendence of the Court of Wards. (2) A certificate granted to the purchaser by the Court of Wards to the effect,- (a) that the consent of the landholder to the sale has been obtained, or (b) that the sale has been made in circumstances which under the proviso to sub-section (1) of this section render such consent unnecessary; shall be conclusive proof as defined by section 4 of the Indian Evidence Act, 1872 of the truth of those facts.

← Previous Section Next Section →

Explore this Chapter