8. Superintendence not to be assumed under section 4 in case of undivided Hindu family unless all co-sharers disqualified; but may be assumed in other cases.
(1)The Court of Wards shall not assume under section 4, sub-section (1), the superintendence of the property of any family which is undivided according to Hindu law, except where all the co-sharers are disqualified under sub-section(l) of section 5 [or where all the co-sharers other than those who are disqualified under sub-section (1) of Action 5 agree to the Court of Wards assuming such superintendence.] [These words were inserted by Section 5 of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).](2)Where two or more land-holders [or pension-holders] [These words were inserted Section 4(2) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).] are co-sharers otherwise than as co-sharers in a family which is undivided according to Hindu law and one of such co-sharers is disqualified under sub-section (1) of section 5, the Court of Wards [may assume the superintendence of the undivided share of such disqualified land-holder [or pension-holder] [There words were inserted by Section 2 and Schedule I, Part II of the Bombay Repealing and Amending Act, 1910 (Bombay 1 of 1910).] or may obtain partition on behalf of the disqualified land-holder [or pension-holder] [These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).] by suit or otherwise,] and assume the superintendence of the property allotted to such land-holder [or pension-holder] [These words were inserted by Section 4(1) of the Bombay Court of Wards (Amendment) Act, 1913 (Bombay 2 of 1913).] in the partition.
