(b)
guardianship of property is caring for whatever has relation to the property of the minor and whoever of
his rule.
Guardianship of life
234.
Guardianship of life shall be for the father, then for the consanguineous relative by himself, according to
the order of inheritance.
Guardianship of property
235.
Guardianship of property shall be for the father, then for the trustee of the father, then the paternal
grandfather and then for the trustee of the grandfather.
Conditions of the guardian
236. A guardian shall be Muslim adult, sane, trustworthy and able to carry out the requirements of guardianship.
Withdrawal of guardianship
237.
Guardianship shall be withdrawn, where one of the conditions mentioned in section 236 is not satisfied.
Chapter II
Guardianship of Property Guardianship of the minor's property
238.
Guardianship of property of the minor shall be as keeping, disposition and investment.
Guardian's dispositions presumed sound
239.
Guardian's dispositions shall be presumed sound in any of the following cases, namely: (a)
contracting in the name of his ward and dispose of his property;
(b)
Carrying on trade for the account of his ward and shall not continue the same, save in case clear benefit;
(c)
acceptance of legitimate donations for his ward's interest, where they are free of any unjust obligations;
(d)
spending out of his ward's property on those whose maintenance he is bound thereby.
Guardian's dispositions not presumed sound
240.
Dispositions of a guardian shall not be presumed sound unless interest of his ward is proved therein and
this is in any of following cases, namely: (a)
his purchase of his ward's property for himself;
(b)
sale thereby of: (i)
his property to his ward;
(ii)
the property of his ward to invest its price for himself.
Prevention of guardian to dispose of real estate
241.
A guardian shall be prevented from the disposal of real estate, save after the judge's permission, after the
realization of interest.
Guardian's disposition avoided
242.
There shall be void every disposition conducted by the guardian for his ward, where it results into injury.
Chapter lll
Trustee Appointment of trustee
243.
(1) The father or proper grandfather may appoint trustee for his minor, or expected child, and he may
retract the trusteeship thereof, even though he is bound not to retract.
(2)
Where the minor has no select trustee, the judge shall appoint for him a trustee to manage his affairs,
giving due regard therein to the interest of the minor.
Conditions of trustee
244.
A trustee shall be required to be: (a)
of full capacity;
(b)
honest;
(c)
capable of performing the trusteeship requirements;
(d)
not convicted of the offence of theft, breach of trust, cheating, forgery or one of the offences inconsistent
with morals and honour;
(e)
not adjudged of bankruptcy, until he is reinstated;
(f)
not adjudged of removal from a previous trusteeship;
(g)
not an adversary in a judicial dispute with the minor, and there is no enmity between them.
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