Vidhi Codex

Bare Act

The Jammu and Kashmir Guardians and Wards Act, 1920

Civil197750 sections

This Act establishes the legal framework for appointing and supervising guardians for individuals, known as minors, who have not yet reached the age of maturity. It applies throughout the Jammu and Kashmir State and allows the court to mandate guardianship for both a minor's personal welfare and their property management when necessary. By giving the judicial system the authority to act in the best interest of the child, the law ensures that vulnerable individuals are protected and their rights are upheld by responsible adults until they reach legal adulthood.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement.
  2. 2. Saving of enactments, etc.
  3. 3. Saving of jurisdiction of Courts of Wards.
  4. 4. Definitions.
  5. 4-A. Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.
  6. 5. Omitted.
  7. 6. Saving of power to appoint in other cases.
  8. 7. Power of the Court to make order as to guardianship.
  9. 8. Persons entitled to apply for order.
  10. 9. Court haying jurisdiction to entertain application.
  11. 10. Form of application.
  12. 11. Procedure on admission of application
  13. 12. Power to make interlocutory order for production of minor and interim protection of person and property.
  14. 13. Hearing of evidence before making of order.
  15. 14. Simultaneous proceedings in different Courts.
  16. 15. Appointment or declaration of several guardians.
  17. 16. Appointment or declaration of a guardian for property beyond Jurisdiction of the Court.
  18. 17. Matters to be considered by the Court in appointing guardian
  19. 18. Appointment or declaration of Collector in virtue of office.
  20. 19. Guardian not to be appointed by the Court in certain cases.
  21. 20. Fiduciary relation of guardian to ward.
  22. 21. Capacity of minors to act as guardians.
  23. 22. Remuneration of guardian.
  24. 23. Control of Collector as guardian.
  25. 24. Duties of guardian of the person.
  26. 25. Title of guardian to custody of ward.
  27. 26. Removal of ward from jurisdiction.
  28. 27. Duties of guardian of property.
  29. 28. Powers of testamentary guardian.
  30. 29. Limitation of powers of guardian of property appointed or declared by the Court.
  31. 30. Voidability of transfers made in contravention of section 28 or section 29.
  32. 31. Practice with respect to permitting transfers under section 29.
  33. 32. Variation of powers of guardian of property appointed or declared by the Court.
  34. 33. Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward.
  35. 34. Obligations on guardian of property appointed or declared by the Court.
  36. 34-A. Power to award remuneration for auditing accounts.
  37. 35. Suit against guardian where administration bond was taken.
  38. 36. Suit against guardian where administration bond was not taken.
  39. 37. General liability of guardian as trustee.
  40. 38. Right of survivorship among joint guardians.
  41. 39. Removal of guardian.
  42. 40. Discharge of guardian.
  43. 41. Cessation of authority of guardian.
  44. 42. Appointment of successor to guardian dead, discharge or removed
  45. 43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders
  46. 44. Penalty for removal of ward from jurisdiction
  47. 45. Penalty for contumacy
  48. 46. Reports by Collectors and subordinate Courts
  49. 47. Order appealable
  50. 48. Finality of other orders

PDF: pending for this language.