Legal Update…

Important provisions of Guardian and Wards Act 1890
Core Definitions (Section 4)

Minor: Person who has not attained majority under Indian Majority Act 1875
Guardian: Person having care of minor’s person, property, or both
Ward: Minor for whom there is a guardian
District Court: Includes High Court exercising ordinary original civil jurisdiction

Court’s Power to Appoint Guardians (Section 7)
The court can make orders for:

· Appointing a guardian of person/property/both

· Declaring a person to be guardian

· Only when satisfied it’s for the welfare of the minor

Key Rule: New appointment removes any existing guardian (except those appointed by will/court)

Who Can Apply (Section 8)

Four categories of applicants:

1. Person wanting to be guardian
2. Any relative or friend of minor
3. District Collector where minor resides/has property
4. Collector having authority over minor’s class

Jurisdiction Rules (Sections 9-10)

For Person of Minor

· Apply to court where minor ordinarily resides

For Property of Minor

· Apply to court where minor resides OR where property is located

· Court may transfer case if another court can handle it better

Application Requirements

Must include 12 key details:

· Minor’s name, sex, religion, DOB, residence

· Property details and value

· Existing guardians/custody arrangements

· Near relations and their locations

· Previous court applications

· Proposed guardian’s qualifications

Court’s Considerations in Appointment (Section 17)

Primary Principle: Welfare of the Minor

Factors to Consider:

· Minor’s age, sex, religion

· Guardian’s character and capacity

· Nearness of kin to minor

· Deceased parent’s wishes

· Minor’s intelligent preference (if old enough)

· Previous relations with minor

Absolute Rule: Cannot appoint anyone against their will

Restrictions on Appointment (Section 19)

Court CANNOT appoint guardian for:

· Married female whose husband is fit to be guardian

· Minor whose father or mother is living and fit

· Minor whose property is under Court of Wards

Guardian’s Duties and Powers

Guardian of Person (Section 24)

Responsibilities:

· Custody of ward

· Support, health, education

· Other matters as law requires

Guardian of Property (Section 27)

Must deal with property as “ordinary prudent person” would with own property

Fiduciary Relationship (Section 20)

· Guardian stands in fiduciary relation to ward

· Cannot make profit from office

· Extends to transactions even after wardship ends

Important Limitations

Court-Appointed Guardians (Section 29)

Cannot do without court permission:

· Mortgage/sell immovable property

· Lease for more than 5 years or beyond minor’s majority by more than 1 year

Testamentary Guardians (Section 28)

Powers subject to restrictions in the will/instrument

Permission Granted Only (Section 31)

· In case of necessity

· For evident advantage to ward

Removal of Guardian (Section 39)

Grounds for removal:

· Abuse of trust

· Failure to perform duties

· Incapacity

· Ill-treatment/neglect of ward

· Conviction of character-defecting offense

· Adverse interest

· Ceasing to reside in jurisdiction

· Bankruptcy (for property guardian)

Cessation of Authority (Section 41)

Guardian of Person ceases:

· Death/removal/discharge

· Ward ceases to be minor

· Female ward’s marriage (to fit husband)

· Unfit parent becomes fit

Guardian of Property ceases:

· Death/removal/discharge

· Ward ceases to be minor

· Court of Wards takes over

Key Points to Remember

1. Welfare Principle

· Primary consideration in all decisions

· Overrides all other factors

2. Natural Guardians Priority

· Parents have natural right unless unfit

· Court intervention only when necessary

3. Property Protection

· Strict controls on property transactions

· Court permission required for major decisions

4. Procedural Requirements

· Proper notice to all interested parties

· Detailed applications with specific information

· Court discretion guided by law

5. Fiduciary Nature

· Guardian is a trustee, not owner

· No personal benefit from guardianship

· Accountable for all actions

This framework covers the essential provisions that demonstrate understanding of the Act’s protective purpose for minors while balancing practical administration of guardianship responsibilities.