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.

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