Introduction of Section 35
Section 35 of the Guardians and Wards Act, 1890, provides a mechanism for enforcing the bond that a guardian may have given to the court, ensuring the proper administration of a ward’s property. If the guardian fails to comply with the terms of the bond, this section allows the court to take action. Specifically, the court can assign the bond to a proper person, enabling them to sue the guardian for breach of the bond on behalf of the ward.
Text of Section 35:
Where a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Court may, on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof.
Simplified Explanation:
Overview: Section 35 empowers the court to take action if a guardian fails to meet the obligations specified in the bond they provided when appointed. The section allows the court to assign the bond to another person, who can then take legal action against the guardian on behalf of the ward, seeking recovery for any breach of the bond’s terms.
Key Points of Section 35:
- Bond Requirement: A guardian, when appointed by the court, may be required to give a bond to ensure they will properly manage and account for the ward’s property.
- Breach of the Bond: If the guardian fails to honor the terms of the bond, the court can intervene and assign the bond to a proper person for enforcement.
- Assigning the Bond: Upon the guardian’s failure to comply with the bond, the court can assign the bond to a third party, who can then file a lawsuit against the guardian for breach of the bond.
- Trustee Role: The person assigned the bond can sue in their own name, but they are acting as a trustee for the ward, aiming to recover damages or funds owed to the ward.
Purpose and Scope: The purpose of Section 35 is to provide a remedy in case a guardian fails to properly manage a ward’s property as required under the terms of the bond. It gives the court the power to assign the bond to an appropriate person, ensuring that the ward’s interests are protected even if the guardian does not fulfill their responsibilities.
Practical Impact: This section ensures that there are legal consequences if a guardian fails to properly manage the ward’s property. By allowing the court to assign the bond to another person for enforcement, it ensures that the guardian can be held accountable without having to directly involve the court in every case. The person assigned the bond acts in the best interest of the ward, ensuring that any breach is rectified, and the ward’s property is protected.
Examples:
- Guardian Fails to Account: A guardian fails to provide an accurate account of the ward’s financial assets, violating the terms of the bond. The court assigns the bond to a relative of the ward, who then sues the guardian to recover any missing funds.
- Misuse of Funds: The guardian uses the ward’s property for personal gain, breaching the terms of the bond. The court assigns the bond to a trustee who sues the guardian on behalf of the ward to recover the misused funds.
- Failure to Submit Accounts: After the guardian fails to submit the required financial statements to the court, the bond is assigned to a legal representative who sues the guardian for breach of the bond and demands compensation for any losses caused by the failure.
Conclusion:
Section 35 provides an important safeguard for the ward by ensuring that any failure of a guardian to fulfill their bond obligations can be legally challenged. By allowing the bond to be assigned to another party, it ensures that the ward’s property is protected, and the guardian is held accountable for any breach. This section enhances the transparency and integrity of the guardianship process, providing a clear path for legal redress in case of mismanagement or breach of duty.
