| 1) |
The Master shall, subject to the provisions of subsection (3) and to any applicable provision of section 5 of the Matrimonial Affairs Act, 1953 (Act No. 37 of 1953), or any order of court made under any such provision or any provision of the Divorce Act, 1979, on the written application of any person— |
| a) |
who has been nominated by will or written instrument— |
| i) |
by the parent of a legitimate minor who has not been deprived, as a result of an order under subsection (1) of the said section 5 or the Divorce Act, 1979, of the guardianship of such minor and who immediately before his death was the sole natural guardian of such minor; or |
| ii) |
by the mother of a minor born out of wedlock who has not been so deprived of the guardianship of such minor or of her parental powers over him or her; or |
| iii) |
by the parent to whom the sole guardianship of a minor has been granted under subsection (1) of the said section 5 or under the Divorce Act, 1979, |
to administer the property of such minor and to take care of his person as tutor, or to take care of or administer his property as curator; or
| b) |
who has been nominated by will or written instrument by any parent of a minor to administer as curator any property which the minor has inherited from such parent; or |
| c) |
who has been nominated by will or written instrument by any deceased person who has given or bequeathed any property to any other person, to administer that property as curator; or |
| d) |
who has been appointed by the Court or a judge to administer the property of any minor or other person as tutor or curator and to take care of his person or, as the case may be, to perform any act in respect of such property or to take care thereof or to administer it; and |
| e) |
who is not incapacitated from being the tutor or curator of the minor or other person concerned or of his property, as the case may be, and has complied with the provisions of this Act, |
grant letters of tutorship or curatorship, as the case may be, to such person.
| 2) |
The Master shall, subject to the provisions of sub-section (3)— |
| a) |
on the written application of any person who has been duly nominated as an assumed tutor or curator, is not incapacitated from being the tutor or curator of the minor or other person concerned or of his property, as the case may be, and has complied with the provisions of this Act; and |
| b) |
on production of the deed of assumption duly signed by the person so nominated and the tutor or curator, as the case may be, so assuming him, |
endorse the appointment of such person as assumed tutor or curator on the letters of tutorship or curatorship, as the case may be, granted to such tutor or curator.
| 3) |
The provisions of sections sixteen and twenty-two shall mutatis mutandis apply with reference to letters of tutorship or curatorship to be granted under sub-section (1) and any endorsement to be made under subsection (2), and the provisions of sub-sections (2) and (3) of section fifteen shall so apply with reference to any such endorsement. |
Contingency Fees Act, 1997
