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Section 33: Dzsabrlitres of.wards

The Kerala Court of Wards Act, 1967 (President's Act No.3 of 1967)State Act of Kerala · Act 3 of 1967

(1) A ward shall not be competent­

(a) to transfer or create any charge on, or interest in, any part of his propet ty which is ur1der the superintendcnt.e of the court, or • \.

124 to enter into any contract or to make any acknowledgment involving him in pecuniary liability pet so nail; or in respect of such property;

but nothmg in this clause or in section 22 shall be deemed to affect the capacity of a ward to enter into a contract of marriage :

Provided that he shall not incur in connection therewith any pecuniary liabtlity, except such as, having regard to the personal law to which he is subject, and to l11s rank and circumstances the court may, m writmg, declare to be reasonable;

(b) to grant valtd 1 eceipts for the rents and profits arismg or accruing from such property or for debts or other moneys due to the estate ;

(c) to adopt or to give a vvntten or verbal permission to adopt withoUl the consent of the court;

(d) to dtspose of his property by w1ll wtthout the consent of the court :

Prov1ded first that the court shall not with hold 1ts consent under clause (c) or clause (d) if the adoptiOn or testamentary dispos1tion is not contrary to the personal or special law applicable to the ward and does not appear likely to cause pecuniary embarrassment to the property, or to lower the influence or re~pectabthty ofthe family in public estimaiton:

Provided secondly that the court may confirm a wlll or an adoptiOn made, or a petmission to c:dopt g1vcn, without its previous consent:

Provided thirdly that the provisiOns of clauses (c) and (d) shall not apply to any proprietor in regard to whose property a declaration has been made under sectiOn 1 7.

(2) No claim under sect10n 68 of the Indian Contract Act, 1872 (9 of 18n), shall be enforceable against the property of a ward which is under the ~upermtendence of the court ; but the court may, in 1ts discretion, satisfy in whole or in part, any such claim.

Where this provision sits

ActThe Kerala Court of Wards Act, 1967 (President's Act No.3 of 1967)
Section33
Marginal noteDzsabrlitres of.wards
JurisdictionState of Kerala
StatusIn force as published by the source

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