The Author, Mitali Goyal, is a 2nd year, BA.LLB (H) student of Rajiv Gandhi National University Of Law, Punjab. She is currently interning with LatestLaws.com.
Q1. What is the objective of Guardianship and Wards Act 1890?
A. Guardianship and Wards Act was enacted by Parliament in 1890 to protect the interests of minor and secure his property.
Q2. Who is a minor according to Guardianship and Wards Act 1890?
A. A minor is a person who according to the provisions of Indian Majority Act , 1875 has not attained the age of majority i.e. he is less than 18 years of age.
Q3. Who is a guardian according to Guardianship and Wards Act 1890?
A. Guardian means a person who has care of minor or minor’s property or of both minor and his property.
Q4. Who is a ward according to Guardianship and Wards Act 1890?
A. Ward means a minor for whose person or property or both there is a guardian.
Q5. How can one become a guardian?
A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.
Q6. When can a guardian be appointed?
A. Under Guardianship and Wards Act 1890 , District Court is authorized to appoint guardian if the natural guardian (the parents who give birth) or testamentary guardian fail to furnish/discharge their duties.
Q7. What is the power of the Court to make order as to Guardianship?
A. Acc. to Sec. 7 of Guardianship and Wards Act 1890 court can make order to appoint guardian for the welfare of a minor or property or both. This section also authorizes court to remove any guardian who is neither appointed by way of will nor by court.
Q8. Who are the persons entitled for becoming Guardian?
A. Any person desirous of becoming or claiming to be, or friend or relative of minor or collector of district court or collector having authority with respect to class which minor belongs to.
Q9. What is the jurisdiction of court in such matters?
A. If the application is regarding the guardianship of person of minor then it is the district court of place where minor resides and if the application is regarding the guardianship of property of minor then it is the district court of place where minor resides or place where the property is.
Q10. What matters the court needs to consider before appointing Guardian?
A. The court needs to look at the best interests and welfare of the minor. Also in addition to this they need to look at the age, religion and gender of minor and character and capacity of the guardian , his nearness to the minor, any existing or previous relations etc.
Q11. When can court not appoint Guardian?
A. When the minor whose father or mother is alive and who in opinion of the court are not unfit to be guardian. Also in case of minor who is married female and whose husband is not unfit to be guardian of her person.
Q12. Can a person refuse to become Guardian?
A. Yes, a person can refuse to become a guardian. He needs to file declaration of his willingness to and with registration in District court.
Q13. Can a child refuse to accept someone as his guardian?
A. Yes, the court cannot appoint the guardian of a child without his/ her will . Also if minor is old enough to form an intelligent opinion then court may consider his preference.
Q14. What kind of relationship exists between guardian and a minor?
A. Guardian and minor have fiduciary relationship that is based on trust.
Q15. Is Guardian entitled to any remuneration?
A. If the court deems fit that in execution of duties of guardian he has to incur some some pains and costs.
Q16. Can a minor act as a guardian?
A. Although a minor cannot act as a guardian but there is an exception in case of minor’s own wife or child or where minor is managing member of an undivided hindu family, the wife or child of another minor member of that family.
Q17. What are duties of guardian of the person?
A. The guardian needs to support the ward. He needs to look after the health , education and all the necessities in ward’s life.
Q18. What are duties of guardian of the property?
A. Guardian of the property of ward should act very carefully like an ordinary prudent person would do in dealing with such property. He should be doing everything reasonably for protecting the property or benefitting the property.
Q19. How can a guardian be removed?
A. A guardian whether appointed by court or by way of will or any other instrument may be removed by court if the guardian has ill treated the ward or he has failed to perform his duties or he has neglected to take proper care. Moreover, he can be removed if declared bankrupt and if he has interests which are adverse to the faithful performance of his duties.
Q20. Does the guardian have the right to discharge his guardianship?
A. Yes, the guardian can resign from his office by applying in the court of law that he wants to be discharged. If the court finds the reasons to be sufficient and reasonable then it will discharge him.
Q21. What are the limitations of powers of guardian of property appointed or declared by the court?
A. Guardian of property appointed by court shall not without the previous permission of the court mortgage or charge or transfer by sale , gift , exchange any part of immovable property of his ward or lease any part of that property for a term exceeding 5 years or for any term extending more than 1 year beyond the date on which ward will cease to be minor.
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