Law: Guardians and Wards Act, 1890

Section: 7,16,25

Guardians and Wards Act (VIII of 1890)--- ----Ss.7, 16 25---Guardian Court, jurisdiction of---Application by the guardian seeking permission to sell the share/property of the minor---Property was not situated within the jurisdiction of the Court from where applicant had been declared guardian---Application of the petitioner/mother was dismissed on the ground that the properties of the deceased, in which the minor had share, were situated beyond the territorial jurisdiction of the Court---Held, that section 16 of Guardians and Wards Act, 1890, stipulated that the Court, within whose jurisdiction the property was situated, was competent to accept the applicant as duly appointed/declared guardian of the minor on production of certified copies of the order appointing him/her the guardian of the minor---Petitioner could file application seeking permission to sell the share/property in the name of the ward in the Court within whose jurisdiction the property-in-question was situated, by producing the certified copy of order of her appointment/declaration as guardian of minor---Said Court would accept the petitioner as duly appointed/declared guardian and would give effect to such order---Due to the word shall used in S.16 of the Guardians and Wards Act, 1890, it was mandatory upon the Court (within whose jurisdiction the property was situated) to accept the person as a duly appointed guardian and to give effect to the order of appointment of the applicant as Guardian by allowing the requisite permission---Guardian Court, in the present case, had rightly dismissed the application of the petitioner for want of jurisdiction---No illegality or infirmity was found in the impugned order passed by the Guardian Judge ---Constitutional petition was dismissed in circumstances. ORDER LUBNA SALEEM PERVEZ, J.s namely Sobia Jabeen widow of Tariq Saleem and Ayyan Tariq son of Tariq Saleem (minor) has assailed order dated 14.11.2020, passed by learned, SCJ-II/Guardian Court-East, Islamabad, whereby the application of petitioner No. 1 (Widow) for permission to sell the share of petitioner No. 2 (Minor), in the immovable properties of deceased (Father) was dismissed, in view of the…

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