Chapter VI RELEASE OF PERSON AND ESTATE FROM SUPERINTENDENCE

The Court of Wards may at any time, release any person or estate from its superintendence: Provided, first that the Court of Wards shall not without the previous sanction of the Government, so release any estate, the landholder of which has been disqualified under clause (c) of sub-section (1) of section 8: Provided, secondly, that the Court of Wards shall not, without such sanction, so release any estate when steps have been taken for the liquidation of the debts and liabilities with which the property is charged and the liquidation thereof has not been completed: Provided, thirdly, that the Court of Wards shall not without such sanction, after the expiration of one year from the date of the notification under section 15, release any estate on the ground that the debts and liabilities with which it is charged are such as to render their liquidation within a reasonable time impracticable: and Provided, fourthly, that the Court of Wards shall not release the estate of a person disqualified under clause (b) of sub-section (1) of section 8 until the expiration of three months after notice has been given to the Civil Court having jurisdiction.

1. (1) When a ward dies, or when a ward disqualified under clause (a) or clause (b) of sub-section (1) of section 8 ceases to be disqualified before the liquidation is completed of the debts and liabilities with which the estate is charged, the Court of Wards, may either release such estate or may retain it under its superintendence, until such debts and liabilities have been discharged.
2. (2) If the Court of Wards retains the superintendence, the person who has succeeded to the estate or the person who has ceased to be disqualified, shall not be competent to transfer or create any charge on or interest in, any part of such estate while it remains under the superintendence of the Court of Wards nor shall any debts or liabilities previously incurred by any person who has so succeeded, be chargeable on such estate, until the debts and liabilities due by the Court of Wards have been discharged.

1. (1) If in the case of any estate under the superintendence of the Court of Wards, there are more landholders than one and if any one of such landholders has ceased to be a ward, the Court of Wards, if it considers the course to be expedient in the interests of the landholders who remain wards, may retain the whole estate under its superintendence.
2. (2) If the Court of Wards under sub-section (1) of this section retains superintendence of the share of any landholder who has ceased to be a ward, such landholder shall not be competent to transfer or create any charge on or interest in any part of such share while it remains under the Court of Wards: Provided that nothing in this section shall be deemed to prevent such landholder from making a testamentary disposition if such disposition is permissible under the law for the time being in force: Provided, further, that nothing in this section shall be deemed to prevent such landholder from applying for partition of his share, and on the partition taking effect, the Court of Wards shall release the share of the estate allotted to such landholder on partition: Provided, further, that from the date of such application and until such partition takes place, the Court of Wards shall pay to such landholder, the surplus income accruing from his share of the joint estate.

1. (1) When the Court of Wards decides to release from its superintendence, the person and estate of any minor, it may, before such release by an order in writing, appoint any person to be the guardian of the person or estate or both of such minor.
2. (2) Such appointment shall take effect from the date of such release.
3. (3) In appointing a guardian under this section, the Court of Wards shall be guided by the provisions of section 17 of the Guardians and Wards Act, 1890.
4. (4) Every such appointment shall be notified to the district Judge within whose jurisdiction, the estate or any portion thereof is situated.
5. (5) Every such guardian shall be deemed to have been appointed by such District Judge and to be subject to his jurisdiction as if so appointed and shall have and be subject to the same rights, duties and liabilities as if he has been appointed under the Guardians and Wards Act, 1890.

When on the death of a ward the succession to his estate or any part thereof is disputed, the Court of Wards may either direct that such estate or part be made over to any person claiming the same, or may retain its superintendence until a claimant has established his title to the same in a competent Court, and in such latter case may institute a suit for interpleader against the several claimants.

1. (1) When the Court of Wards retains superintendence of any estate under the provisions of section 46, section 47 or section 49, it may exercise all or any of the powers conferred by this Act in respect of such estate and may do all such things requisite for the proper care and management of the estate as the landholder thereof if not disqualified might do for its care and management, and may pay such allowances to relatives and dependants of a deceased ward as may seem to it reasonable; all acts done by the Court of Wards in exercise of the powers conferred by this sub-section, shall be binding on the person who succeeds to such estate.
2. (2) All suits relating to the said estate, shall be brought or defended in the name of the Collector incharge of such estate or of such other person, as the Court of Wards may appoint in this behalf.

When the Court of Wards releases the estate of any landholder from its superintendence, it shall deliver to the landholder all documents of title and all papers and accounts (other than Government records) relating to such estate.

When the Court of Wards releases any person or estate from its superintendence, the fact of such release shall be notified in the Rajasthan Gazette.

When the Court of Wards after assuming the superintendence of the estate of a ward releases the same without discharging the liabilities thereof in the manner provided in Chapter IV the time from the publication of notice under section 17 to the date of such release, shall be excluded in computing the period of limitation applicable to suits or applications for the recovery of all claims outstanding against the ward at the date of such notice.