Introduction of Section 31
Section 31 of the Guardians and Wards Act, 1890, deals with the practice and procedure that a court must follow when granting permission to a guardian to perform acts mentioned in Section 29 of the Act. This provision provides the framework to ensure that the guardian acts in the best interests of the ward, especially in situations involving transfers of property or other significant decisions.
Text of Section 31:
(1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward.
(2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which the act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him.
(3) The Court may in its discretion attach to the permission the following among other conditions, namely:
(a) that a sale shall not be completed without the sanction of the Court;
(b) that a sale shall be made to the highest bidder by public auction, before the Court or some person specially appointed by the Court for that purpose, at a time and place to be specified by the Court, after such proclamation of the intended sale as the Court, subject to any rules made under this Act by the High Court, directs;
(c) that a lease shall not be made in consideration of a premium or shall be made for such term of years and subject to such rents and covenants as the Court directs;
(d) that the whole or any part of the proceeds of the act permitted shall be paid into the Court by the guardian, to be disbursed therefrom or to be invested by the Court on prescribed securities or to be otherwise disposed of as the Court directs.
(4) Before granting permission to a guardian to do an act mentioned in section 29, the Court may cause notice of the application for the permission to be given to any relative or friend of the ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of any person who appears in opposition to the application.
Simplified Explanation:
Overview: Section 31 outlines the procedure a court must follow when allowing a guardian to carry out any of the acts described in Section 29. This section ensures that the court exercises discretion and that the actions taken by the guardian are in the best interests of the ward, especially in matters of property transfers or other significant decisions.
Key Points of Section 31:
- Necessity or Advantage to the Ward: The court can only permit the guardian to perform actions listed in Section 29 if it deems the act necessary or beneficial to the ward.
- Detailed Order: The court order must include the necessity or advantage of the act, a description of the property involved, and any conditions attached to the permission. The order must be properly recorded, dated, and signed by the judge.
- Conditions for Permission: The court may attach conditions such as requiring sales to be made publicly or proceeds to be paid into the court.
- Notice to Interested Parties: Before granting permission, the court may notify relatives or friends of the ward and hear any objections they may have.
Purpose and Scope: The purpose of this section is to protect the interests of the ward by ensuring that any major decisions, particularly regarding the ward’s property, are made transparently, with judicial oversight. It also helps prevent the guardian from acting without proper judicial authority or disregarding the ward’s best interests.
Practical Impact: This section safeguards the ward from any potential exploitation or mismanagement of their property. It ensures that any action taken by the guardian is either for the ward’s benefit or deemed necessary by the court. By requiring conditions and a thorough process for approving such actions, it adds an extra layer of accountability and transparency to the process.
Examples:
- Sale of Property: A guardian wants to sell the ward’s house to pay for the ward’s medical treatment. The court permits this sale, but specifies that the sale must be made through a public auction, ensuring the highest bid is accepted and the process is transparent.
- Leasing Property: A guardian seeks permission to lease the ward’s property for a long-term lease. The court permits this under the condition that the lease cannot involve a premium and must include specific rental terms to protect the ward’s financial interests.
- Investment of Proceeds: After the sale of the ward’s property, the guardian wishes to invest the proceeds for the ward’s benefit. The court permits this, but requires the funds to be invested in secure government securities, under the court’s supervision, to ensure that the money is safeguarded.
Conclusion:
Section 31 provides a comprehensive framework to ensure that any significant action taken by a guardian concerning the ward’s property is closely monitored and has the ward’s best interests at heart. It adds layers of scrutiny and control, ensuring that such actions are justified, transparent, and beneficial. This section plays a crucial role in protecting vulnerable wards from potential misuse of their assets by guardians.
