39. Withdrawal of superintendence of Court of Wards.
(1)Where superintendence has been assumed in pursuance of an order under sub-section (1) of section 7, the Court of Wards shall withdraw such superintendence as soon as, in the opinion of the State Government, the property is free from embarrassment.(2)The Court of Wards may, with the sanction of the State Government, at any time withdraw its superintendence from the person or property, or both, of a Government ward, and shall withdraw its superintendence as soon as, in the opinion of the District Court, certified to the Court of Wards,(a)in the case of a female disqualified under clause (a) of sub-section (1) of section 5, she is fit to manage her own property;(b)in the case of a person disqualified under clause (b) of the said subsection, he is fit to manage his own property;(c)in the case of a person disqualified under clause (c) of the said subsection, he ceases to be of unsound mind and incapable of managing his affairs; and(d)where it was assumed under sub-section (1) of section 4, in the case of a family which was undivided according to Hindu law, any co-sharer ceases to be disqualified under sub-section (1) of section 5;Provided that-(i)where a Government ward dies or ceases to be disqualified and his property is still encumbered with debts and liabilities, the Court of Wards may, with the sanction of the State Government, retain the said property under its superintendence until such debts and liabilities, have been discharged; and(ii)in the case of property-holders who are co-sharers in an undivided Hindu family where one or more of the proprietors of a property remain disqualified although another or others have ceased to be disqualified, the Court of Wards may, with the sanction of the State Government, retain the whole of the property under its superintendence, paying any proprietor who has ceased to be disqualified from surplus income such portion as shall be proportionate to his interest in the estate:Provided further that, where the Court of Wards withdraws its superintendence, such withdrawal shall not affect any contract entered into by the Court of Wards in the lawful exercise of its powers; andProvided also that-(a)no person who has once been declared disqualified under clause (a) or (b) of sub-section (1) of section 5, and(b)except in the case of any co-sharer other than those signing an application described in sub-section (2) of section 7, no property-holder who has been made a Government ward in pursuance of an order under sub-section (1) of section 7, shall be competent, on the withdrawal of such superintendence, to transfer or create any charge on or interest I his property or any part thereof for a period beyond the term of his natural life, except with the previous sanction of the Collector.(3)No appeal shall lie from any opinion certified under sub-section (2).
