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The Succession Certificate to a Guardian of a Minor

By K. B. Gajendragadkar

Published In

Air 1941

When the succession certificate is to be granted to a minor, it is generally granted to a guardian of the minor. The question for consideration is whether it should be granted to the natural guardian of the minor like the mother, brother, etc., or whether the guardian must be one appointed under the Courts of Wards Act. As far as Bombay Province is concerned, the leading case on this point is 35 Bom L R 9501 which has decided that the succession certificate oan be issued to a guardian of a minor only if such guardian is appointed a guardian of the minor’s property under the Guardians and Wards Act. It is proposed to discuss that case here. In the Bombay case under discussion, it is humbly submitted, their Lordships came to the conclusions because they ascertained the practice in the High Court which was to grant the certificate only when the guardian has been appointed under the Guardians and Wards Act. They also relied on the direct authority ....

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