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WHICH COURT HAS THE COMPETENCE TO APPOINT CUSTODY OF PROPERTY


22-Jun-2023 (In Property Law)
Sir A Hindu minor was adopted whose adopting parents expired a case u/s 7 &10 of G&W Act 1890 was registered in honorable D.J.Court for declaration of guardian of person to a separate person & guardian & custodian of property to another person.Honorable DJ court transferred the case to the honorable family court.On the last date of hearing honorable judge of the family court verbally informed our Advocate that he has no power to appoint Custodian of property he can only appoint guardian of person only. Our lawyers requested to give time to show the ruling that Honorable family court have power to appoint guardian & Custodian of property u/s 7 .Therefore my humble request is (a) Whether there is any high court/supreme court decision which can satisfy the honorable Family court that he is competent in appointing custodian of property as per Rule 7 of Guardians & wards Act . (b) If the Family court have no such powers which court is competent for appointment of custodian
Answers (2)

Answer #1
811 votes
Actually the court of district judge having jurisdiction of appointment of custodianbut your case was transferred by DJ court ...so judge of family court can transfer your case back to DJ court for appointment of custodian, after appointing guardian.
Answer #2
654 votes
yes family court can also appoint guardian for a minor. there need not go in any other court for this problem. you can ask the family court for the right place for the appointment of guardian. in most of the cases the remaining person of that family can be appoint as guardian.

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