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Section 36

The Gujarat Court of Wards Act, 1963State Act of Gujarat · Act 37 of 1963

(1) Except with the approval of the Court of Wards, a Government ward shall be incompetent to transfer or create any charge on, or interest in, his property or any part thereof (except such interest as may be created by a will made in accordance with section 37 ), or to enter into any contract which may involve him in pecuniary liability ; and no suit shall be brought in any Civil Court where- by to charge any person upon any promise made after he has ceased to be a Government ward, to pay any debt, contracted during the period when he was a Government ward or upon any ratification made after he has ceased to be, a Government ward of any promise or contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification

(2) Nothing in this section shall be deemed to affect the capacity of a Government ward to enter into a contract of marriage :

Provided that a Government ward shall not incur, in connection with such a contract, any pecuniary liability, except such as, having regard to the personal law to which he is subject and to his rank and circumstances, the Court of Wards may, in writing, declare to be reasonable.

37. No will made by a Government ward shall be valid without the consent of the State Government obtained, either previously or subsequently to the making of the will, on application made to it through the Court of Wards :

Provided that consent shall not be withheld unless it appears to the State Government that the will is contrary to the personal or special law applicable to the ward, or that it is likely to cause considerable pecuniary embarrassment to the property, or to lower considerably the influence or respectability of the family in public estimation.

38. Where on the death of any Government ward the succession to his property or any part thereof is disputed the Court of Wards may, with the sanction of the State Government, either retain the superintendence of the property until one of the claimants has established his claim to the same in a competent Civil Court, or institute a suit of interpleader against all the claimants.

Where this provision sits

ActThe Gujarat Court of Wards Act, 1963
Section36
JurisdictionState of Gujarat
StatusIn force as published by the source

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