Vidhi Codex

Bare Act

The Tamil Nadu Court of Wards Act, 1902

Civil190268 sections

The Tamil Nadu Court of Wards Act, 1902, establishes a legal framework for the state to assume management of private estates when the owner is deemed incapable of managing them. This applies to minors, women declared incapable, individuals of unsound mind, or those with physical or mental infirmities. The "Court of Wards" (the Board of Revenue) takes control to protect the property, manage finances, and ensure the welfare of the ward and their family. For citizens, this Act is significant as it provides a mechanism for state intervention in private property rights to prevent mismanagement, protect heirs, and settle debts under government supervision.

Start reading →Read full ActSections
  1. 1. Short title and extent
  2. 2. Laws repealed
  3. 3. Jurisdiction of High Court saved
  4. 4. Definitions
  5. 5. Court of Wards
  6. 6. Control of State Government
  7. 7. Distribution of business and Secretary may sign for Court
  8. 8. Powers of Court how exercised
  9. 9. Disqualification
  10. 10. Immediate protection of heirs
  11. 11. Recovery of expenditure
  12. 12. Report by District Collector
  13. 13. Proprietor to be given opportunity to be heard and to adduce evidence
  14. 14. Report by Court
  15. 15. State Government to declare proprietor disqualified and direct Court to assume superintendence
  16. 16. Proprietor not to be declared disqualified unless on ground of public interests
  17. 17. Provision to meet case of undivided Hindu families and co-sharers
  18. 18. Application by proprietor
  19. 19. Notification of assumption of superintendence and consequences of such notification
  20. 20. Collector to take ward's property
  21. 21. Powers of Collector in so doing
  22. 22. Allowances for ward and family
  23. 23. Custody, residence, education and marriage
  24. 24. Appointment, eto., of managers and guardians.
  25. 25. Collector to act if there is no manager or guardian
  26. 26. Who may and may not be guardians
  27. 27. Duties of guardians
  28. 28. Powers of manager
  29. 29. Duties of manager
  30. 30. Employees of court deemed to be public servants
  31. 31. Manager and other servants to be deemed public accountants and amenable to Regulation IX of 1822
  32. 32. Application of moneys
  33. 33. Surplus how to be dealt with
  34. 35. Powers of Court as to property under its superintendence
  35. 36. Establishments and distribution of charges
  36. 37. Notice to notify claims
  37. 38. Claimants to furnish full documents
  38. 39. Pecuniary claims of Government, etc., not affected
  39. 40. Claims how to be decided
  40. 41. Claims not notified cease to carry interest, etc.
  41. 42. Inadmissibility of documents not produced
  42. 43. When mortgagee in possession may be dispossessed
  43. 44. Provision for lease for insufficient consideration
  44. 45. Execution of decrees transferred to Collector in certain cases
  45. 46. Collector to whom execution of decree has been transferred to act to discharge other functions of Collector under the Act
  46. 47. Certain provisions of Civil Procedure Code to be applicable to execution of decrees transferred to Collector
  47. 48. Exercise of discretion not to be questioned in civil court
  48. 49. Suit not to be instituted until after notice to Collector
  49. 50. Suit or proceeding by or against ward
  50. 51. Costs against manager how paid.
  51. 52. Suits must be authorized by Court.
  52. 53. Adjudication of civil disputes between two or more wards.
  53. 54. Release from superintendence.
  54. 55. Release of estates taken under section 18 when debts cannot be liquidated within reasonable time.
  55. 57. When a ward dies or ceases to be disqualified retain superintendence in certain cases.
  56. 58. Disabilities of proprietor in such cases.
  57. 59. Appointment of guardian before release.
  58. 60. Recovery of expense after release.
  59. 61. Procedure when succession to property is disputed.
  60. 62. Notification of release from superintendence.
  61. 63. Powers of Court in regard to institutions of which ward is hereditary trustee or manager.
  62. 64. Powers of Collector in holding inquiries.
  63. 65. Property under charge of Court not liable to sale for arrears.
  64. 66. Power to make rules.
  65. 66-A. Application of Act to estates of Rulers of Indian States.
  66. 67. Penalty for unsanctioned marriage of wards, etc.
  67. 34. (1). Disabilities of wards
  68. 34(2). Disabilities of wards

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