The Author, Anshika Sharma, is a 3rd-year, BA.LLB student at Delhi Metropolitan Education, GGSIPU. She is currently interning with LatestLaws.com.
- How does the act ensure saving the power of a minor to appoint their guardian? [sec 6]
Ans. Section 6 of the Guardianship and Wards Act 1890 states that none of the provisions of the act must be interpreted in such a way that it takes away the authority of the minor to appoint a guardian for himself or for his property or both.
- What are the essentials for filing the form (application)?
Ans. According to Section 10 of the Guardians and Wards Act, 1890, the application for guardianship must be attested by two witnesses. The Court has the authority to dismiss the application in beginning if it is not in accordance with law. But after the application being entertained and evidence being recorded, the party cannot invoke the provisions of Section 10 in Appeal; post the completion of trial and announcement of the judgement. Further the application cannot be considered non maintainable if the applicant is a mother.
- What is the procedure followed for appointing a guardian?
Ans. According to Section 11, before an order for appointing a guardian is passed, all the people having an interest in the minor of being heard and producing evidence must be given an opportunity to show that their interest lies in the welfare of the minor.
- With whom the power lies to make interlocutory order for production of minor and interim protection of property and the person?
Ans. According to the Sub-Section (1) of section 12, the Court has the authority to order the person who has not been appointed as the guardian but has the custody of the minor and also to produce him in the Court. If the Court grants temporary custody during the pendency of the proceedings, it will also have the power to modify or vary that order if the circumstances demand so.
- How does the court ensure that the welfare of the minor lies with the guardian?
Ans. According to 13 of the Guardianship and Wards Act 1890, the parties interested in becoming the guardian of the minor have to produce evidence before the court stating that their interest lies in the welfare of the minor.
- What guidelines are laid down for appointing multiple guardians?
Ans. If the minor admits of having multiple guardians of his property or person or both, the Court may, declare or appoint them. Besides, if a minor has several properties, the Court may appoint a separate guardian for any one or more of them.
- In what circumstances, the guardian cannot be appointed by the court?
Ans. According to sec 19, if the father or mother is living, no one else can be appointed as the guardian of the person of the minor, unless the Court feels that the father is incapable of being called the guardian of the minor.
- What are the limitations of the powers of the guardian of property appointed by the Court?
Ans. Guardian is obligated by the Court to return the property of the minor for whom he had been appointed as a guardian thereof. The guardian is required to act in the interest of the minor at all the times. The guardian is not allowed to part, sell, alienate or damage with the property of the minor without the required permission.
- Does the minor have a capacity to act as a guardian?
Ans. No minor is eligible to act as a guardian of any minor except his own child or wife or where he is the managing member of an Undivided Hindu Family, the wife or child of another minor member of the family.
- How can the court alter the powers of guardian of property so appointed or declared by the Court?
Ans. According to Section 32 of the Act, when the guardian of the property is appointed by the Court and if such a guardian is not the Collector, the Court may, by order, restrict, define or even extend the powers of the guardian with respect to the property of the minor to such extent that it is considered to be for the welfare of the minor.
- What does the word “cost” means in Sec 49 according to the Guardians and Wards Act, 1890?
Ans. According to the Guardians and Wards Act, 1890, the costs of maintaining a guardian or other person in the civil jail are subjected to rules made by the respective High Courts and at the discretion of the subordinate courts.
- What criterion is laid down for the appointment of successor, if the guardian is dead, discharged or removed?
Ans. When a guardian appointed or declared by the Court is dead, discharged or removed, and the ward is still a minor, the court may appoint or declare another guardian of the person or his property, or both, as the case might be.
