Section 31 of The Central Provinces Court of Wards Act, 1899
- (1)A Government ward shall be incompetent to transfer or create any charge on, or interest in, his property or any part thereof (except such interest as may be created by a will made in accordance with section 32), or to enter into any contract which may involve him in pecuniary liability; and no suit shall be brought in any Civil Court whereby to charge any person upon any promise made after he has ceased to be a Government ward to pay any debt contracted during the period when he was a Government ward, or upon any ratification made after he has ceased to be a Government ward of any promise or contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification.
- (2)Nothing in this section shall be deemed to affect the capacity of a Government ward to enter into a contract of marriage: Provided that a Government ward shall not incur, in connection with such a contract, any pecuniary liability, except such as, having regard to the personal law to which he is subject and to his rank and circumstances, the Court of Wards may, in writing, declare to be reasonable.
Summary
- A Government ward cannot legally sell, gift, or mortgage their property.
- Wards are not allowed to sign contracts that involve paying money or creating debts.
- The only exception for property transfer is making a will, but this must follow the rules in Section 32.
- Even after leaving the Court of Wards, a person cannot be sued for debts they tried to make while they were a ward.
- A ward can still get married, but any money they owe for the wedding must be approved in writing by the Court of Wards.
- Approval for marriage expenses depends on the ward's social rank, their personal law, and their financial situation.
Practical examples
FAQ
1. Can a Government ward ever enter into a contract?
Generally no, if it involves money. However, they can enter into a contract of marriage, though their financial liability is strictly limited to what the Court of Wards approves.
2. What happens if a ward makes a promise to pay a debt after they are no longer a ward?
No suit can be brought in a Civil Court to hold them to that promise if the debt was originally made while they were a ward, even if they offer a new payment or deal.
3. Is a ward's marriage invalid under this Act?
No. The Act specifically states that the rules do not affect a ward's capacity to enter into a marriage contract.
Test yourself
Q1.Under Section 31 of The Central Provinces Court of Wards Act, 1899, which of the following actions is a Government ward legally permitted to do?
Q2.Under Section 31 of The Central Provinces Court of Wards Act, 1899, what is the status of a will made by a Government ward regarding their property?
Q3.Under Section 31 of The Central Provinces Court of Wards Act, 1899, if a ward wants to spend money on their wedding, who must provide written approval for the amount?
Q4.Under Section 31 of The Central Provinces Court of Wards Act, 1899, can a creditor sue a person for a debt they contracted while they were a Government ward, after that person is released from wardship?