Law on Permission to Sell A Minor's Property under the Guardians and Wards Act 1890 in Pakistan

The sections of the Guardians and Wards Act 1890 namely Sections 27, 29, 30, and 31, interconnect and operate together to regulate the powers and duties of a guardian of the property of a ward appointed or declared by the Court. Here's how these sections work together:

Section 27 - Duties of guardian of property: This section establishes the general duty of a guardian of the property of a ward. It requires the guardian to handle the ward's property as carefully as a person of ordinary prudence would handle their own property. The guardian is allowed to take reasonable and proper actions for the realization, protection, or benefit of the ward's property.
Section 29 - Limitation of powers of guardian of property: This section imposes limitations on the powers of a guardian appointed or declared by the Court. Without prior permission from the Court, the guardian cannot mortgage, charge, sell, gift, exchange, or otherwise transfer any part of the immovable property of the ward. Additionally, the guardian cannot lease any part of the property for a term exceeding five years or for a term extending more than one year beyond the date when the ward will cease to be a minor.
Section 30 - Voidability of transfers made in contravention: Section 30 states that any disposal of immovable property by a guardian in contravention of Section 28 or Section 29 is voidable at the instance of any other person affected by such a transfer. In other words, if the guardian exceeds their authority as per Section 29, the transfer can be challenged by anyone affected by it.
Section 31 - Practice with respect to permitting transfers under Section 29: This section provides guidelines for the Court when granting permission to a guardian to perform acts mentioned in Section 29.

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