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Section 37: Disabilities of wards

The Odisha Court of Wards Act, 1947State Act of Odisha · Act 26 of 1947

(1) A ward shall not be competent-

(a) to transfer or create any charge on, or interest in, any part of his property which is under the superintendence of the Court, or to 11 enter into any contract or to make any acknowledgement involving him in pecuniary liability personally or in respect of such property;

but nothing in this clause or in Section 25 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 liability, except such as, having regard to the personal law to which he is subject and to his rank and circumstances, the Court may, in writing, declare to be reasonable;

(b) to grant valid receipts for the rents and profits arising or accruing from such property or for debts or other moneys due to the estate;

(c) to adopt, or to give a written or verbal permission to adopt, without the previous consent of the Court ;

(d) to dispose of his property by Will without the previous consent of the Court:

Provided first, that the Court shall not withhold its consent under Clause

(c) or (d) if the adoption or testamentary disposition 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 respectability of the family in public estimation :

Provided secondly, 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 20 :

Provided thirdly, that nothing contained in this Act shall affect the competency of a ward to surrender his estate in accordance with the provisions of Section 4 of the Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).

(2) No claim under Section 68 of the Indian Contract Act, 1872 (IX of 1872) shall be enforceable against the property of a ward which is under the superintendence of Court; but the Court may, in its discretion, satisfy in whole or in part, any such claim.

Where this provision sits

ActThe Odisha Court of Wards Act, 1947
Section37
Marginal noteDisabilities of wards
JurisdictionState of Odisha
StatusIn force as published by the source

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