34. [ Disabilities of wards. [Section 34 was renumbered a sub-section (1) of section 34 by section 2 of the Madras Court of Wards (Amendment) Act, 1933 (Madras Act XVII of 1933).]
(1)A ward shall not be competent-(a)to transfer or create any charge on, or interest in, any part of his property which is under the superintendence of the Court, or to enter into any contract or to make any acknowledgment involving him in pecuniary liability personally or in respect of such properly; but nothing in this clause or in section 23 shall be deemed to affect the capacity of a ward to enter into a contract of marriage:Provided that he shall not incur in connection therewith 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 may, in writing, declare to be reasonable;(b)to grant valid receipts for the rents and profits arising or accruing from such property or for debts or other moneys due to the estate;(c)to adopt or to give a written or verbal permission to adopt, without the consent of the Court;(d)to dispose of his property by will without the consent of the Court:Provided, first, that the Court shall not withhold its consent under clause (c) or (d) if the adoption or testamentary disposition is not contrary to the personal or special law applicable to the ward, and does not appear likely to cause pecuniary embarrassment to the property, or to lower the influence or respectability of the family in public estimation:Provided, secondly, that the Court may confirm a will or an adoption made or a permission to adopt given, without its previous consent:Provided, thirdly, that the provisions of clauses (c) and (d) shall not apply to any proprietor in regard to whose property a declaration has been made under section 18.(2)[ No claim under section 68 of the Indian Contract Act, 1872 (Central Act I of 1872), shall be enforceable against the property of a ward which is under the superintendence of the Court; but the Court may, in its discretion, satisfy in whole or in part, any such claim.]
