(1) A ward shall not,-
(a) transfer any part of his property under the superintendence of the Court; or create any charge thereon or interest therein other than the interest created therein under clause (e); or to enter into any contract or to make any acknowledgement involving him or his property in pecuniary liability;
(b) marry without obtaining sanction of Government through the Court;
(c) grant receipts for the rents and profits arising from the property or for debts or moneys which the Court is entitled to collect;
(d) adopt or give permission to adopt, without obtaining sanction of the Government through the Court;
33. Substituted for “Sarkar-i-Aali” (Government of Hyderabad) by A.P.A.O. 1957.
34. Substituted for the words “or any Provincial Government of British India” by the A.P.A.O. 1957.
35. Substituted for the words “Telangana area of the State of Andhra Pradesh” by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
36. Substituted for the words “British India” by the A.P.A.O. 1957.
Acts which ward cannot do.
18 [Act No.XII of 1350 F.]
(e) dispose of his property by will without obtaining sanction of the Government through the Court;
(2) The Government shall not refuse sanction under clauses (d) and (e) of sub-section (1): Provided that the will or adoption is not contrary to the personal or special law applicable to the ward: or the property is not likely to be encumbered by the will or adoption or the will or adoption is not likely to lower the influence and respectability of the ward‟s family.
(3) The Government may give its assent to the will or an adoption made or may confirm it.
(4) The provisions of clauses (d) and (e) of sub-section
(1) shall not apply to an owner whose property has been placed under the superintendence of the Court under section 13.
30. The Court may generally, in respect of the whole property under its superintendence, or any part thereof, pass such order and do such act not inconsistent with the provisions of this Act or any other law for the time being in force, as may be necessary for the welfare of the ward and benefit of the property. The Court may, subject to the general power, sell or mortgage the whole or any part of any property, other than 37[State grant] under its superintendence, or may, at its discretion, lease out the whole or any part of such property for any term or may remit rent or other dues in respect of the property: Provided that where the property has been taken under superintendence under section 13, the immovable property shall not in any way be encumbered, given on lease for a term exceeding ten years, sold, mortgaged or exchanged, without the
37. Substituted for the words “Atiya Sultani” (atiyat grants) by the A.P.A.O. 1957.
Powers of Court as to property under superintendence.
[Act No.XII of 1350 F.] 19 consent of the owner and the sanction of the Government and in other cases without the sanction of the Government.
31. The Court may, for the care and management of the ward and the property under its superintendence, and generally for carrying out the purposes of this Act, make necessary appointments and may defray the charges in proper proportion from the properties under its superintendence:
Provided that in no case the charges for supervision and management shall exceed two annas per rupee on the gross income of the said estate.
32. The Court may summarily evict any person in possession of, or occupying in contravention of the provisions of this Act, any property under its superintendence. For this purpose the Court may exercise all the powers which a 38[collector] has under section 157 of the 39[Telangana Land Revenue Act, 1317 F.].
33. The Court shall, in respect of rents, lease money or land revenue due in respect of the property under its superintendence, have the same powers possessed by a 38[Collector] for the recovery of land revenue under the 39[Telangana Land Revenue Act, 1317 F].
34. No immovable property under the superintendence of the Court, shall be liable to auction or sale for the purpose of paying the arrears of land revenue. But if such property is auctioned or sold for any other reason, the arrears of land revenue shall first be paid from the proceeds of sale.
38. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
39. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Expenses for superintendence.
Eviction of person from possession of ward‟s property.
Act VIII of 1317 F.
Rent, profits and other sums recoverable as land revenue.
Act VIII of 1317 F.
Immovable property under Court‟s superintendence not to be sold for payment of land revenue.
20 [Act No.XII of 1350 F.]
CHAPTER V.
ASCERTAINMENT OF DEBTS.