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Section 46: Custody of lunatics and management of their estates

Indian Lunacy Act 1912Union territory Act of Chandigarh · Act 4 of 1912

(1) The Court may make orders for the custody of lunatics so found by inquisition and the management of their estates.

(2) When upon the inquisition it is specially found that the person to whom the inquisition relates is of unsound mind so as to be incapable of managing his affairs, but that he is capable of managing himself, and is not dangerous to himself or to others, the Court may make such orders as it thinks fit for the management of the estate of the lunatic including proper provision for the maintenance of the lunatic and of such members of his family as are dependent on him for maintenance, but it shall not be necessary to make any order as to the custody of the person of the lunatic.

47. Powers of manager in respect of management of lunatic's estates—The Court, on the appointment of a manager of the estate of a lunatic, may direct by the order of appointment, or by any subsequent order, that such manager shall have such powers for the management of the estate as to the Court may seem necessary and proper, reference being had to the nature of the property, whether moveable or immoveable, of which the estate may consist;

Provided that no manager so appointed shall without the permission of the Court— 19

(a) mortgage, change or transfer by sale, gift, exchange or otherwise, any immoveable property of the lunatic ; or

(b) lease any such property for a term exceeding five years.

Such permission may be granted subject to any condition or restriction which the Court thinks fit to impose.

Where this provision sits

ActIndian Lunacy Act 1912
Section46
Marginal noteCustody of lunatics and management of their estates
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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