(1) Any property-holder may apply in writing to the State Government to have his property placed under the superintendence of the Court of Wards, and the State Government may on such application, where it is of opinion that it is expedient in the public interest to preserve the property of such holder for the benefit of his family and that the said property is of such value that economical management by the Court of Wards is practicable, order the Court of Wards to assume the superintendence of the property.
(2) Any co-sharer of property, other than a co-sharer in an undivided Hindu family, may make an application under sub-section (I) in respect of his own share in such property.
Assumption of superintendence by Court of Wards of property of disqualified person.
Persons who are to be deemed disqualified in certain cases.
Assumption of superintendence in case of un- divided Hindu family.
Assumption of superintendence by Court of Wards on application of property holder.
[1963 : Guj. XXXVII Gujarat Court of Wards Act, 1963
(3) In every case where property is hold by co-sharers, whether as co-sharers in an undivided Hindu family or otherwise, an application signed by cosharers holding an aggregate interest of not less than three-fourths of the whole property shall, for the purposes of sub-section (1), be deemed to be an application by a property-holder in respect of the whole property :
Provided that-
(i) no order shall be made on any such application under subsection (1) where it appears to the State Government doubtful whether the aggregate interest of the co-sharers signing the application amounts to not less than three-fourths of the whole property; and
(ii) nothing in this Act shall be deemed to prevent any cosharer other than those signing any such application from obtaining partition of his share, whether by suit or otherwise.
(4) An order made under sub-section (1) shall be sufficient to authorise the Court of Wards to assume the superintendence of the property referred to there- in, and no such order shall be called in question in any Court.