Practice with respect to permitting transfers

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Practice with respect to permitting transfers

Unread postby Admin » Thu Jan 24, 2013 12:03 pm

Practice with respect to permitting transfers under section 29.
(1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward.
(2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which the act permitted is to be done, and specify such conditions if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court, with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him.
(3) The Court may in its discretion attach to the permission the following among other conditions, namely:--
(a) that a sale shall not be completed without the sanction of the Court;
(b) that a sale be made to the highest bidder by pubic auction, before the Court or some person specially appointed by the Court for that purpose, at a time and place to be specified by the Court after such proclamation of the intended sale as the Court, subject to any rules made under this not by the High Court, directs;
(c) that a lease shall not be made in consideration of a premium or shall be made for such term of years and subject to such rents and covenants as the Court directs;
(d) that the whole or any part of the proceeds of the act permitted shall be paid into the Court by the guardian, to be disbursed therefrom or to be invested by the Court on prescribed securities or to be otherwise, disposed of as the Court directs.
(4) Before granting permission to a guardian to do an act mentioned in section 29, the Court may cause notice of the application for the permission to be given to any relative or friend of the ward who should in its opinion, receive notice thereof, and shall bear and record the statement of any person who appears in opposition to the application.
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